KS: Sex offenders win and lose in unusual rulings by the Kansas Supreme Court

In an apparently unprecedented series of rulings, the Kansas Supreme Court on Friday overruled three of its own Friday opinions regarding state sex offender registration laws.

In three separate opinions issued Friday, the court found 2011 changes to the sex offender registry law cannot be applied retroactively to offenders convicted before the law took effect. But then in a fourth opinion also released Friday, the court found that those rulings were incorrect. Full Article

State v. Petersen-Beard: Decision – Oral Argument Video

State v. Buser: Decision – Oral Argument Video

Doe v. Thompson: DecisionOral Argument Video

KS Supreme Court Decisions April 22


Sex offender registry compared to ‘The Scarlet Letter’ in fiery Kansas Supreme Court opinions

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This is a day of confusion in the State of Kansas. It is sad to see that while their Supreme Court ruled correctly in three cases, they ruled incorrectly in the fourth and final case which closed the door for remaining affected registrants in that state. Still, I take hope from the final statement in the article, made by an attorney in one of the successful cases: Joseph said he “has little doubt” that courts across the country, including the U.S. Supreme Court, will ultimately agree that offender registration laws are “punitive.” I look forward to that day and will do my best to hasten its arrival.

As much as I want to see the end of the registry. I certainly don’t want to see us take this to SCOTUS too soon. We have a long way to go in educating both the public and the Courts before we risk being on the wrong side of a SCOTUS decision. We may truly be correct in our belief that the registry is punitive, does not serve it’s purpose and is unconstitutional, however with these court decisions, it just proves that who we have on the court is more important than the actual facts of the constitutional issues.

Seems to me that the punishment versus administrative distinction, which is the crux of the claim that the registry is unconstitutional, is only relevant to someone who was convicted before the sex offender registry was instituted in his state. If your initial sentence was, for example, probation plus lifetime sex offender registration, that’s not ex post factor punishment. Or maybe, the state would be required to look back to exactly what the registration restrictions were on the day when you were convicted, and that is what would be applied to you — with no subsequent changes. That would, I imagine unleash as tidal wave of complex litigation. I can’t imagine that any state would simply eliminate the registry, considering the ardor that politicians have for them.

I cant even read it because I used all my 10 gigs on my hot spot , lol, so it turns almost as slow as dial up , ,

I findly got to read it , wow what a mess , but it looks as if the tide could turn in our faver , thanks to people like Janice , that has worked so hard , thank you very much Janice ! and everyone else that has took part , all I can afford to give is $25 or 30 bucks , I wish I had much more to throw at this , my son is even sending what he can , but there are people that are good at fighting the good fight on some of the articles that are put out to make us look worse than what most of us really are ,no matter what level we are , I am not very good at fighting with words that I have to spell ,lol, but my hat go’s off to those that are good at it , and thanks for all of the info I get hear every day , wial I don’t always agree but , I always respect where people are coming form

It’s political… 5 of the 7 Judges are up for their retention election ( Meaning another six-year term) this November 8, 2016. The 5 are: Nuss, Luckert, Beier, Bites, and Stegall.

I should have been clearer on the Judges. On the key 4th decision it goes like this:

The ones who agree: Stegall (who wrote), Luckert , Nuss, and Biles. ALL FOUR are up for retention this Nov 2016 !!
The dissent: Johnson, and Rosen, both NOT DUE till 2021. Remaining dissent is Beier. Poor guy; he’s up in 2016…

I still say it’s political.

Hello there, I am excited yet deflated. This is a very sensitive subject for me as I have been registered since I was 15. As my 35 th birthday arrives I’m am numbed by the things I’ve had to endure due to having to register for the last 20 years. I’m not here to profess my innocence. Although I hope it comes in time. This judgement is a perfect example for what I go through on a daily basis. Some places I’m excepted even revered. Others I am shunned and dejected. Financially I am UN employable to 95% of normal everyday employment opportunities. When I have been qualified I have been rejected as soon the background check was completed. Normal everyday felon stuff right. The punishment is the public embarrassement of ur photo being promoted at the post office, being targeted by hate crimes , having my son called a rapist or son of the. Fear of stepping outside or being involved in my children’s extra circular activities. On vacation camping just this year I was pulled out of a camp site with my 3 children to be identfied whether or not I went in the swimming area , which apparently is illegal for a registered offender to do. Thank god I hadn’t swam that day! I could go on from college funding to countless times of discrimination. My sole reason for my fight is to protect them , my children from being punished throughout they’re lifetime for something that happened when I was a child. I now face a felony charge for forgetfulness as I missed a registration last May due to a best friends suicide a day before my birthday registration. I am a single father of three , I own my home have custody of my children. Self employed by proxy just in pursuit of happiness. I never in a million years thought that my plea to get back to my adolescents would put me in the place in society that I am. It is torture it is consumed my life and if ever I could live a day without this punishment as an adult I will tell you how it feels and the difference. Because I don’t know this feeling. I just want to be me. Not John the sex offender!

well it is final we are all beet, no way to get off of this thing (registration). I keep thinking that its all about the money, there is just so much money that pours in to this not just from those whom has to register but the government as well, millions apon millions are put in to this, I believe the bottom line is this……THEY WANT US TO BE BAD so they can keep money coming in, so seeings how they want to treat us as bad people for the rest of our lives then lets give them what they want, lets take it up a notch, because it no longer matters how good you have become or how successful and law abiding they will always treat you like trash, you could save the world but they will always say LOOK LOOK BAD GUY BAD GUY SEX OFFENDER HE NO GOOD……ITS TIME RISE UP

Can anybody assist me with their opinion? I’m in IL and convicted of 1 count of rape in 1991, I did my IL registration and I’d like to move to KS. I’ve read that KS can’t be retroactive before the April 14, 1994 registration start date. The State of Kansas wants me to come in and register and then they send my paperwork to their legal department and let me know if I need to continue to register or not. I just think it’s crazy that I need to register with them just to get a legal opinion. On the other hand, if I don’t get their legal opinion then I could possibly misinterpret the law and get locked up for failure to register if I moved there. I’m nervous as hell about this as I’ve never moved out of IL before.

Could I get a link to the story that does not require me to subscribe to the website?