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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

Related

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

Join the discussion

  1. Janice Bellucci

    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.

    • Malcolm

      Thank you Janice for all that you and your team do to help us. There are times that I feel that I can’t move forward. But when I read the stories here about the efforts that you and your staff expend trying to help us all I am truly brought to tears. Thank you all for your incredible efforts for justice and fairness.

    • TiredOfHiding

      Being a rational individual I am an atheist, however, there are times that I wish there was a hell because certainly those who have the nerve to call themselves Supreme judges and think that they have the RIGHT to play GOD with other people’s lives certainly would be assured a ticket in HELL.

      I can not understand how any rational individual could sleep at night knowing the pain and suffering they have caused so many individuals and families. The only conclusion one can make is that they are NOT rational and I have no reason to think that anything is going to change that.

      I do not see anything getting better but quite the opposite as the country becomes more divided AND continues the decline from the status of global economic world leader, the need for scapegoats become increasingly intense and WE ARE THE SCAPEGOATS IN THE USA!

      Same thing happened in Germany with the rise of the Nazi party. We all know how that one played out only this time there is no USA to come to the rescue…the USA is the enemy attacking us.

      Scary times are coming and we have only seen the tip of the iceberg with the IML and passports. Any rational country would simply NOT give a passport to individuals deemed too dangerous to travel abroad…NOT create a subclass that they still are going to issue passports too but make them useless not only by making them with an identifier of some PAST “crime” BUT to also send out an alert “warning” the destination country of the monsters imminent arrival!

      Not that the vast majority of RSO can travel to start with being lucky to find a minimum wage job. The whole thing makes me sick!

  2. Lake County

    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.

  3. Bill Arthur

    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.

    • New Person

      Actually, if the courts find that registration is punitive via Ex Post Facto, then the registration does take on an entirely different argument because it is then considered punitive. Because it would be deemed punitive, then it would probably fall into cruel and unusual punishment as some have it done for life as well as comes into equal protection amongst other crimes that are not regulated like registrants.

      So having courts agree it is punitive at a lower level helps to reverse course of the SCOTUS decision.

      But this Kansas decision just confused itself as it allowed only three registrants to avoid the additional years of registration, but not the rest of the registrant. Well, something is not equal if it is okay for those three registrants alone and no one else. Something went awfully wrong Kansas.

  4. kelnothiding

    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 , ,

  5. kelnothiding

    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

  6. Two States East

    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.

  7. Two States East

    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.

  8. john maybrier

    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!

    • PK

      F****** Horrible!

      I am so glad I have no real ties anymore to the United States.

  9. Karl Rae Fetters

    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

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