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California

Positive Appellate Court Decision Halted by CA Supreme Court

The California Supreme Court has granted review of the appellate court decision, People v. Tirey, which increased slightly the number of registered citizens eligible to apply for a certificate of rehabilitation. The appellate court’s decision did not, however, change the criteria for who could be granted a certificate.

The appellate court decision was issued in November 15, 2013, and was based upon the equal protection clause of the constitution. Because the Supreme Court has granted review, the holding in the Tirey case cannot be used as precedent until that court render its decision.

“A decision from the California Supreme Court is not expected soon, ” stated CA RSOL president Janice Bellucci. “In the meantime, there is an additional threat to the case in the form of a bill pending in the California legislature.”

That bill is Assembly Bill 1438, which if passed by both the Assembly and the Senate and signed by the Governor would reverse the appellate court decision. The Assembly passed the bill on April 24 and sent it to the California Senate where the Senate Appropriations Committee is scheduled to consider the bill on June 30.

“It is unfortunate that this bill is being considered during an election year,” stated Bellucci. “During an election year, elected officials are more likely to react from emotion and ignore the facts such as the rate of re-offense for registered citizens on parole is only 1.8 percent.”

People v. Tirey

Join the discussion

  1. Anonymous Nobody

    Hate prevails. Mindlessness prevails. And the gutless politicians don’t do anything to stand for what is right, in fact throw innocent victims on the fire.

    Still, I think this article above is also kind of skewed. The appellate court did not decide that more people should be eligible to apply for a certificate of rehabilitation. It said nothing about how many people should be eligible. But yes, it did say those convicted under section 288(a) PC should be eligible to apply for a certificate. While that will mean more people, the point of this case was not how many people should be eligible, it did not make a quota. The court ruled only that 288 must be treated no differently than 288.7.

    The court said 288(a) and 288.7 are similarly situated so under the Equal Protection Clause must be treated similarly.

    Please, the facts are strong enough on their own, you don’t need to divert attention from them and embellish them.

    That aside, this bill in the Legislature will ADD a Penal Code section to those barred from a Certificate of Rehabilitation: 288.7 PC. People already convicted of 288.7 PC who might have hoped to some day get a certificate now will be barred from applying for one.

    That means this case has completely backfired and left matters worse than they were to start. Oh, I do not blame the appellants or their attorneys — they brought the nobel cause. But it shows powerful the opposition is and how wimpy our Legislators are that they will sacrifice more people to this crap just to make sure no one can even apply for a certificate that is almost never granted to a former sex offender anyway.

    We cannot sit and accept this. This is the kind of stuff that sparks revolts and revolutions. And we need one — now. We certainly have nothing to lose as all already has been lost. We need to mass and march — but registrants are afraid to go public. We need a lot of registrants and supporters to speak up and say they would join in such — or no one will even organize such so it will never happen. Please, speak.

    (I note, I am not affected by this one way or the other. But it still must be fought by us all — tooth and nail. If they think they will get away with this today, they are going to do more tomorrow, and that will likely be against YOU.)

  2. Tim

    I think those in power are not going to begin to realise they have a sadiatic addiction to punishing people, especially those they label sex offenders, until society as a whole hits bottom, to use a term from 12 step addiction programs. They will always hide their illness behind the mask of children’s welfare, until their illness becomes too extreme to hide from anyone, except themselves. How many people are going to be hurt before that happens, I hate to guess.

  3. skeletonlander

    Can someone give a link to the filing? I can’t find any reference to it in the filing records for the supreme court.

    What is the source of this article?

  4. Bruce Ferrell

    Just my opinion, worth what you paid for it. The California supreme court review is intended to block any pending action for relief that might have gone through under Tirey until AB1438 passes.

    June 30 status in the state senate:

    http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1401-1450/ab_1438_bill_20140701_history.html

    is DO pass.

  5. Greg Larsen

    Politicians want to seem tough on crime, but it’s only certain crimes that will get them elected. They know most offenders are not predators, yet they are plastered all over the internet like they are. When ever an offender moves into a neighborhood that’s on Megan’s list, they know they are constantly harassed and some are killed. Yet we see no legislative action to save any offenders from further torture. Now if all this hype over offenders is about child protection, then why are so many innocent little kids killed every year by repeat drunk drivers and we see no new laws against them in the name of the kids that are killed? In 2005, they wanted to pass a law against underage drinking and promote it during football games. Budweiser for one spent millions lobbying against it and won. It’s sad that politicians refuse to change these unconstitutional laws against offenders for the sake of money and re-elections. Oregon has a better registry where they only put dangerous predators on their website. No one has ever politely asked for their freedom and got it. It’s going to take protests from offenders and their families. I remember all the gay marches years ago and the judgments and mockery against them. They didn’t stop until they prevailed. If they can do it, so can offenders.

    • David

      Greg, you are certainly correct about innocent people being killed by DUI drivers …. Not to mention the VERY HIGH recidivism rate of DUI drivers. And what about all the children who die by abuse or negligence at the hands of their parents? Politicians seem to not care less about those children and those crimes. But Registered Citizens are always target for unfair, unconstitutional legislative abuse.

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