Comments that are not specific to a certain post should go here, for the month of June 2015. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Related posts
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CA: Bill to make purchasing children for sex a felony in California moves forward, but with some changes
Source: kcra.com 4/16/24 SACRAMENTO, Calif. —A key California Senate committee on Tuesday moved forward with a... -
CA: Purchasing a child for sex is a misdemeanor in California, lawmakers to debate classifying it as a felony
CLICK HERE FOR UPDATED INFORMATION (as of 4/16/24) Source: kcra.com 4/13/24 SACRAMENTO, Calif. —California lawmakers... -
NE: Nebraska lawmakers pass a bill to restore voting rights to newly released felons
Source: apnews.com 4/12/24 OMAHA, Neb. (AP) — Nebraska lawmakers passed a bill Thursday to restore the...
One of our state officials – this is a real doozy!
http://www.huffingtonpost.com/2015/06/12/california-drought-abortion_n_7571584.html
Will Bassler has come up with another winner at SOSEN. He has identified a case that will allow for a writ of error coram nobis that would allow Smith v. Doe to be revisited or even overturned with no need to rehear, based upon a previous case that invalidated the felony of a Japanese American who evaded internment orders during World War II. The internment of Japanese was originally upheld in the Supreme Court but used incorrect data at the time the case was heard.
Article: http://sosen.org/blog/2015/06/17/time-to-file-a-petition-for-writ-of-error-coram-nobis-in-smith-v-doe.html
In a nutshell, the Japanese American was convicted based upon the court’s finding that Japanese Americans were considered security risks that justified internment. During the man’s case, the state purposely withheld a significant amount of evidence that actually proved the opposite: Japanese Americans were NEVER a threat to the United states as a group. Obviously, there were concerns with regard to family members, though one could argue that there were many times as many whites of recent German immigration status whom still had family in Nazi Germany.
In any case, because the evidence that Japanese Americans most probably would have made a difference in the original decision that upheld the man’s conviction, the writ of error coram nobis was accepted and his conviction was overturned.
Frankly, there has never been ANY clearer case, other that perhaps any residual Jim Crow decisions in the early fifties, like that of the sex offender registry with regard to recidivism rates. Clearly, the most sitnificant reason, if not the only reason, given by the judges ruling in favor of the registry was the now-proven-false high recividism rates.
While even now it would appear to be a longshot to go this route, perhaps it can be added to a significant quiver of arrows that so far have been amassed in our struggle.
A notice to all in the SFV. Yesterday, I had my first ever “compliance” visit from the enemy. Just FYI, I have NEVER had one before and have been off parole for years. The “fuzz” as my building manager texted me, came by about 8:45am, I was not home, so they buzzed her apartment. She said they asked if I live here, she said yes, why? LUCKILY they were decent, I guess, and said “oh it’s just a compliance thing, and at that point, since I was not home, she said she escorted them out of the building. I got away with telling her it was something related to my job and sorry for the trouble. NO ONE where I live knows ANYTHING, and I would like to keep it that way. But these miserable people won’t let us just live our lives! Just FYI to those in Los Angeles, the nonsense has made it here. I only hope this is a one time occurrance. FYI I registered months ago, not recently.
Sorry a lil off topic here but some people may want to be aware of the following.
Writs of coram nobis cannot be used to address issues of law previously ruled upon by the court but only to address errors of fact that were not known by the defendant at time of trial or plea bargain, and were knowingly withheld during and after trial or plea agreement from judges and defendants by prosecutors; and which might have altered the verdict were they presented at the trial; or in the case of a plea agreement, where the defendant would not have agreed to the plea had he been made aware of the unknown fact.
An example would be a circumstance such as a defendant agrees to a plea agreement but the fact that the resulting conviction will have a direct consequence, such as lifetime registration as a sex offender, has been withheld from the defendant. Obviously, the prosecutor is aware of such a thing, and defendant’s attorney should certainly also be aware. Where this fact is withheld from the defendant, he is now prejudiced in that had he known the fact of lifetime registration he would not have pleaded guilty. The writ of coram nobis can be used to overturn such a plea agreement. If the defendant is still in custody however, he would petition for relief under habeas corpus.
Anyone know what this means? Did the 4th District affirm its original opinion in full in an unpublished opinion or the Supreme Court’s remand?
James Johnson v. California Department of Justice; The People
Case: E055194 4th div2 District
Date (YYYY-MM-DD): 2015-06-17
Event Description: Opinion Available Online (Signed Unpublished).
To view opinion document for this case, go to:
[PDF] http://www.courts.ca.gov/opinions/revnppub/E055194.PDF
[DOC] http://www.courts.ca.gov/opinions/revnppub/E055194.DOC
Early Termination from Probation
Has anybody here tried to have their probation terminated early for a 290 offense? Success or epic fail? Details?
Should I bother trying? Waste of time and money? I’m sure an attorney would be happy to try if I hand over a few grand. Or would my money be better spent on lotto tickets?
Me: I have completed two of my 3 years of probation. No violations. Finished counseling and passed a polygraph. All my court fines are paid. Offense: possession of three underage webcam videos.
Just a reminder when you go in to register..
WEAR A TIE
Ask the photographer to make sure that they include the tie in the picture.
The last time I went in I was wearing a nice shirt and tie BUT they took a picture of my chin and up..
In my view, your picture is all over the net and when you wear a tie. You will be view differently.
Thanks
Saw your comments on the photo when registering. One time in Sunnyvale, Calif.,the Cop had me stand in front of the camera, but then asked me questions as I was standing there. As I found out, he was trying to get the WORST image of me while he was looking at his screen. And he did ! Next year I was ready to put my hand up to my face while answering the questions.. But it didn’t happen again.
A client of mine ( one of the few left ) proposed an interesting idea. Make a documentary of our plight. Many independent films get a lot of attention at film festivals. These are progressive minded peoplethat attend these who once exposed to the truth can help promote our cause. She suggested interviews with identities protected, statistics, even the improper dissemination of false and misleading information. She added that public officials that have broken laws after promoting them is a great point to bring home. I haven’t any experience in film, but I’m sure someone out there does or might know someone. Indy documentaries are fairly inexpensive and there’s many avenues for funding.
I hope this is something that could help our cause.
Thx
NPS: THANK YOU for answering my question ! Only could a first person experience like yours illustrate so well that SanFrancisco is truly a city of
And while we are on the subject of “The City”, Does EVERYONE KNOW that when MARK LENO, when he was on the SanFrancisco Board of Supervisors, he introduced the Ordinance of providing equal access to the city health plan for transgender employees of SanFrancisco in 2001 ?
And of course, we all remember in JANICE BELLUCCI’S JOURNAL of 12 May, 2015 “…SB-267 Withdrawn” that Senator MARK LENO said he could NOT support SB-267 ?
Is everyone getting this ?????
Kudos and Thanks to CA Senator Mark Leno – a voice or reason, intelligence and compassion.
I don’t know if it’s just me … but, this morning while listening to President Obama talk about the Supreme Court decision on gay marriage all I could do was ‘listen’ to it as though he was talking about registrants rights. Of course, there were some parts that didn’t/wouldn’t apply … however, many of comments could so easily apply to registrants should the Supreme Court ever decide to do the right thing and realize that registration is punishment … especially the word “patchwork” – this decision hereby eliminates the ‘patchwork’ of wondering what rights a gay couple would have in one state vs another (heck, for registrants it’s city-vs-city) … sounds much like the issue registrants have today.
Quint, did you feel more respected when wearing a tie?
Just keep wearing those tie.
I’m in the general comments because I quiver with JOY over John Roberts getting STEAMROLLERED on Friday’s same sex SCOTUS decision ! Yes, John was a BIG factor in 2003 Smith v Doe that we suffer under…
So this time he got hurt. In his ANGRY dissent he even dragged in stuff like ” Kalahari bushmen, Han Chinese, Carthaginians, and of course the Aztecs.
It was a THRILL to read Johnny get legally unglued….Source of the Kalahari stuff, Friday’s NY Times.
Charlie Rose was on PBS tonight (6/26) with a well known constitutional lawyer talking about how great the SCOTUS decision was based on equal protection of the law. Lets hope our equal protection rights our coming soon.
And I really like the tie for registration photos idea, lets do it. I will this October! When I was going to court for my case, I wore a new suit. The security staff kept thinking I was an attorney. I looked more like an attorney than my own attorney. What you wear makes a big difference. They threatened 26 years prison for CP and all I ended up with is 4 months minimum security with no fences. The real punishment turned out to be the Megans Law vigilante list.
Does this sound like any situation you know?:
May 20, 1996
The Supreme Court, in Romer v. Evans, strikes down a Colorado law that blocked any legislative or executive action to protect gays and lesbians from discrimination.
“If the constitutional conception of ‘equal protection of the laws’ means anything, it must at the very least mean that a bare desire to harm a politically unpopular group cannot constitute a legitimate governmental interest,” Kennedy writes.
Just noticed that the Center for Missing and Exploited Children (NCMEC) just updated their RSO numbers for each state. They do so every 6 months or so.
http://www.missingkids.com/en_US/documents/Sex_Offenders_Map.pdf
As of the beginning of June 1 there are 843,260 individuals required to register as sex offenders in this country. California is clocking in at 112,240.
– This represents a net increase of 24,042 (up from 819,218 in December 2014).
– Assuming that a number of registrants fell off due to time limited registration requirements in many states, deaths or international moves, this would mean that nationally probably at least 1,000 individuals were ADDED every single week the first half of 2015.
– this latest change represents an increase of just under 3% (2.93%) over 6 months. By far outpacing the growth of the general population which is estimated around 1% (per year). http://www.worldometers.info/world-population/us-population/
– at this rate (48,000 net increase per annum) the list will surpass 1 million in less than 4 years.
I found this advise online:
Here is an easy way to figure out what jobs hire sex offenders in your area.
If you want a job then start looking at the sex offender registry (I guess get a family member to look). There are most likely sex offenders in your area who have jobs. Just start clicking through every single sex offender in your area and write down their work address. Then go into google and type the address in. This will help you figure out what the company is. You can then go apply at these places.
Nevada ‘ supreme Court will hear preliminary arguments this coming Tuesday to see if the injunction on posting the personal information of all tier 1 offenders, and those convicted of a crime against a child, with convictions as far back as 1956 will be listed, thereby exposing them online. Will be interesting and I’ll keep you posted on what happens and how it looks (if I am able to stream it at 1030 on 6/30.
Nevada: Thank you for the update ! Maggie M will be doing her stuff. So starts probably the conclusion of the 7 year battle to stop the Walsh onslaught on Nevada. 1956, retroactivity, juvenilles, conviction v risk, and level 1.
I’m so mentally exhausted. My court required program said they would kick me out if I don’t get on heavier medication for my anxiety. I hate drugs, and my anxiety is well founded. I can’t find work, I have almost used up my savings, and I refuse to be homeless. I so want to be back in Ratchathani, Thailand with my late girlfriend’s family and my friends. They love me. I hate my life here and hate this country. I don’t see any future, at least not one that I want to wait around and keep hoping and praying for. It won’t get better, I now see that.
What’s the purpose of expunging? I have one misdemeanor count of a 647.6, and am not listed on the website. If I expunge the case what does it do? It seems pointless.
Nevada: EAdvocate picked up the 6/30 LV Journal article today about the hearing. Funny, the Journal had dozens of comments the last two times ; so far none this time…