AK: Alaska Supreme Court overturns 2006 conviction

The Alaska Supreme Court last week overturned the conviction of a 62-year-old Ketchikan man who had been found guilty in 2006 of failure to register as a sex offender.

In its April 25th opinion, the court writes that the original offense for which ____ ____ was convicted occurred in the 1980s, before the State of Alaska passed the Alaska Sex Offender Registration Act. That 1994 law required convicted sex offenders to register with the state, even if the offense took place before 1994. Full Article

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  2. Please keep the tone of your comment civil and courteous. This is a public forum.
  3. Swear words should be starred out such as f*k and s*t and a**
  4. Please avoid the use of derogatory labels.  Use person-first language.
  5. Please stay on topic - both in terms of the organization in general and this post in particular.
  6. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  7. Please take personal conversations off this forum.
  8. We will not publish any comments advocating for violent or any illegal action.
  9. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  10. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  11. Please do not post in all Caps.
  12. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  13. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  14. We will not publish any posts containing any names not mentioned in the original article.
  15. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  16. Please do not solicit funds
  17. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it please expand it for new people to better understand.
  18. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  19. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  20. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

20 Comments
Inline Feedbacks
View all comments

It is a good start at least the courts are catching up and saying that is is unjust.

It sounds like this court called registration a criminal statute, not a civil requirement. Very interesting. Did we miss something in 2008?

Case Name: People v. Marinelli , District: 6 DCA , Case #: H039416
Opinion Date: 3/27/2014 , DAR #: 3920
Case Holding:
A defendant convicted of attempted lewd and lascivious acts on a child under 14 years (Pen. Code,§§ 664, 288, subd.(a)) is eligible for relief under Penal Code section 1203.4, subdivision (a). In 2008, appellant pled no contest to attempted lewd and lascivious acts on a child under 14 years (Pen. Code,§§ 664, 288, subd.(a)) and was granted formal probation. After successfully completing probation, he filed for relief under section 1203.4, subdivision (a), which was granted. The prosecution then appealed. Held: Affirmed. Section 1203.4, subdivision (a) permits a defendant who has successfully completed probation to withdraw his plea and receive a dismissal of the conviction. In subdivision (b), certain offenses are exempted from the statute’s relief, including violations of section 288. On its face, the statute does not expressly except attempted violations of section 288. Applying rules of statutory construction, the court observed that the statute references only violations, not attempted violations, and that it is well established that an attempt is an offense separate and distinct from the completed crime. So, under the plain language of the statute, section 1203.4, subdivision (b) does not apply to attempted violations of section 288, subdivision (a). This finding also comports with the legislative intent behind the statute. The history of section 1203.4, subdivision (a) indicates that the purpose of the specified exclusion is to prohibit those convicted of specified sex offenses to expunge his or her record under section 1203.4, thereby conserving significant investigative resources that would otherwise be expending in handling petitions filed by individuals convicted of sex offenses. This purpose is not thwarted if the section applies only to completed sex offenses and not attempts.the ca courts also recently provided more means of relief.

The introductory sentence is missing from that case summary probably because I missed it when copying it. But the summary is from CCAP resources, which is the California Appellate site. http://www.capcentral.org

So, basically, the court is not just inferring but ruling that the registry itself is a punishment, not a regulatory device as posited by Smith v. Doe. The state attorney was extremely negligent in not bringing out that fact, as now this decision can actually be used in the re-challenge to the registry.

Can we go to the federal court and say “remove the megan’s law it is a punishment?