Comments that are not specific to a certain post should go here, for the month of December 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
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David, Thank you for your reply. I passed it on to one of our people in our advocacy group Nebraskans Unafraid who wanted information on Justice Kozinsky.
Did anyone hear anything in any news media about the train derailment at DuPoint, Washington and some guy who was among the dead was convicted of CP was identified by the media, what does everyone think about this?
Man I really don not know what to do or how to approach this opposition. My original complaint isn’t very precise in staking claims. Should I amend it? Can I use this opposition to stake claims more precisely? I am going to have 4 affidavits from individuals signed and notarized confirming my harassment claims can I include them in this opposition? I am trying to figure this out but man this is complicated ….
Perhaps good news? Justice Kennedy hired a full complement of clerks (including Clayton Kozinkski, as previously mentioned in a Slate article about his father, Alex) for the 2018 OT (i.e. 2018-2019). While not a solid statement he’s staying on the bench, it sure beats his not hiring any.
https://abovethelaw.com/2017/12/supreme-court-clerk-hiring-watch-are-reports-of-justice-kennedys-retirement-greatly-exaggerated/
I have an observation and two questions regarding 290, which I’m reading over to be a little better educated in helping mike r.
Observation: 290.015(a)(7) lists the various proofs of residency a RC may/must use at registration, including, “or any other information that the registering official believes is reliable.” Ok, so if the registering official believes it to be reliable, what basis is there for a compliance check? The Legislature has already deemed the lesser of annual or relocation as the criteria for information to be updated with the State…what makes LE justify anything stricter? What reasonable suspicion is there, given it’s already been deemed reliable (even just days later, using Lake County’s recent example)?
Questions: Where in 290, or elsewhere, does it say one cannot be on school property? I haven’t the law with a fine-toothed comb, and managed to miss it. Also are there any other presence restrictions for RCs in CA?
Thanks.
Hi All:
RSO STATISTICS HELP NEEDED.
I need a little research help here. Yes I have tried Google and maybe I’m not using the right search words, but I’m not getting what I need.
I’m going, again, for my California Certificate of Rehabilitation. Unfortunately I’m going for it in Orange County which apparently, I’ve heard makes it a little bit tougher. So I need a couple of things to counter the DA’s pat arguments regarding RSO’s.
Here’s what I’m looking for:
1. I’ve heard of the California sex Offender Management Board putting forth the stat that after 10 years an offender who has not reoffended is no more likely to offend than anybody else.
Can someone please tell me the citation for the study or studies that say this?
If they are out there, more than one would be nice.
2. I can’t remember who I heard saying it, maybe it was Janice in some writing from some time ago, but I also heard the statistic that, as a group, the only ones LESS likely to reoffend than sex offenders after release from prison are murderers.
I would like to know the citation for where that statistic is flushed out.
I know prosecutors and the tough-on-crime crowd like to massage the statistic to make it look like sex offenders are at a high risk of reoffending and therefore return to prison. But I believe to get there they include non sex crimes related crimes someone who has to register may commit and/or probation or parole violations so they can say, “See look at all these sex offenders being returned to prison. Look at their giant recetasvism rate”.
So any info on the above would be helpful.
I just want to throw one thing out there that maybe some attorney helping a sex offender with a Certificate of Rehabilitation might want to throw it a court.
You know, the law outlines what it is that makes one eligible for Certificate of Rehabilitation. But then they go on to say that judges have a lot of discretion in the matter.
But you know, that’s pretty ridiculous.
A petitioner should not have to be subject to unknown or arbitrary requirements, that can vary from jurist to jurist, hiding under the guise of judicial discretion.
Because then you have the potential of never being able to meet the requirements. Of never meeting an unknown standard that’s just not good enough.
Thanx.
“Ohio priest under investigation for relationship with minor threw himself off Chicago skyscraper”
https://www.washingtonpost.com/news/morning-mix/wp/2017/12/22/ohio-priest-under-investigation-for-relationship-with-minor-threw-himself-off-chicago-skyscraper/?utm_term=.e2a8b585f42a
AJ, here’s a list of CA local ordinances..See 32 pages of local ordinances for California alone, https://all4consolaws.org/wp-content/uploads/2012/04/290CaliforniaOrdinancesCity_20130128.pdf
Yes AJ, I do believe I should amend and spell out my claims precisely. The AG just called me again today and asked if I could reschedule once again for Feb. 14 at 10am. I agreed, after all I really do not want to antagonize them and she is being really straightforward with me. She even gave me a heads up and reminder to check out Federal rule 26 (f), so that I can prepare, that sometime around Feb 21 according to the Federal rule 26 (f) we will have to have a phone conference between her and the US AG and myself. She stated once again that she would not object to me stating my claim as being against the local ordinances and not Jessica’s Law and that the court would most likely except that proposition in my opposition. I know it’s going to be all out war but I have to admit so far she has been truly approachable ans seems to have some empathy towards my plight. Or at least some sort of respect…..I have to take some time to get Christmas in order so I will check out how to amend my compliant soon. If you got that info AJ or anyone post it…Thanks…
I believe amending the complaint may throw them for a little loop also with precise claims…..Make it a little more interesting…LOL….
I thought I’d share this YouTube video I just found with everyone. It’s about an investor that is teaching people how to make money investing in trailer parks. The 1st 3 min of the video are about investing in trailer parks for registrants, because they don’t cause any problems and they will want to live there until the day they die. It would certainly help many registrants if more investors were willing to do this. What other group would be more willing to keep their rent paid and not complain about any of the living conditions.
I “GOT RID OF ALL THE DRUG DEALERS AND PROSTITUTES, BROUGHT IN CONVICTED FELONS. (Sex Offenders)”
https://www.youtube.com/watch?v=1ZZrAdNoXB8
I subscribe to the “ICE” news releases so that I may be reminded of how depraved our government has become in the form of frequent accounts of their many predations. Here’s one I received today: “Southern Arizona man sentenced to 340 years in prison for possessing and distributing a large collection of child pornography”
“The investigation into Kimball Hoff, 61, began in October 2015 when HSI special agents received information regarding child pornography being downloaded and shared from a specific internet protocol address. On Oct. 27, 2015, HSI special agents executed a search warrant at Hoff’s Pima County residence.” https://www.ice.gov/news/releases/southern-arizona-man-sentenced-340-years-prison-possessing-and-distributing-large
(***@mike r, this should be of particular importance to you!***)
Items in the news of late (Sanctuary Cities/States; Christie v. NCAA currently at SCOTUS) led me to wonder about the extent of Federal Government’s power to force a State to comply with Federal Law. I was pleasantly informed: “States Don’t Have to Comply: The Anti-Commandeering Doctrine” (http://tenthamendmentcenter.com/2013/12/28/states-dont-have-to-comply-the-anti-comandeering-doctrine/).
After reading this, it appears the AG in @mike r’s case is being somewhat duplicitous about the claim that CA was required to pass SORNA. (AG even cited the Section of AWA for effect.) Not only has SCOTUS four times said the Feds cannot force States to pass laws, in Sebellius it perhaps delved even deeper, challenging the “carrot and stick” trick Congress routinely uses: “the Court ruled that the federal government cannot force the states to act against their will by withholding funds in a coercive manner.” (See also: loss of funding if States don’t pass .08 DUI laws; loss of funding if States don’t substantially implement AWA.) I have yet to read Sebellius, but it’s definitely now on my to-do list.
P.S. Apparently SC had it right all those years ago…Nullification lives and breathes!
This is hilarious/outrageous! Just had to share it with all of you this holiday! Think of it as a gift.
If you’re not familiar with the pygmy chimpanzee / Bonobos’ culture, you may want to Google that.
… “Bonobo Embarrassed After Walking In On….”
https://local.theonion.com/bonobo-embarrassed-after-walking-in-on-parents-sibling-1821500616
This one’s pretty good, too: https://local.theonion.com/kids-getting-a-little-old-to-still-believe-in-innate-ch-1821538881
Here is this years list of Pardons from CA Governor Jerry Brown. I don’t think any of us made that list, again.
He did pardon someone for providing drugs to a minor, but it’s not like drugs could mess up a kid for life (right?).
http://www.lakeconews.com/index.php/news/53723-gov-brown-grants-executive-clemency
Thanks you guys, Appreciate your comments. AJ I will look into that. I need to know exactly how I do it and what I should include……
there goes the CA presence and residency prohibitions. better now then later.
just made my case a little weaker but oh well. its good for us all…
So, one good thing is that INTERPOL is getting a really bad reputation for helping to develop a global police state through its system of notifications and detentions. It’s not just so-called “sex offenders” they’re pissing off but political protesters, journalists, whistle-blowers, HRW, Amnesty and ACLU types.
“Has Interpol become a tool of oppression?” ]
http://www.koreaherald.com/view.php?ud=20171225000245
After reading my Complaint once again I believe that I have stated claims in every instance although the Ex Post Facto claim was not stated accurately since I stated I was challenging Jessica’s Law when I was in fact challenging all the local and national ordinances, which the CA local ords. are now moot. All the rest of her reasoning is based upon the registry as not being punishment. Although the Complaint is over kill in some instances I do think it sufficiently states claims at the end of each claim and that in each instance there is evidence and support for each of those claims in the text of the arguments. I knew those last issues starting exactly at claim six were hard ones to argue and that they all rely on the fact that the registry will be considered punishment, if not there is no claim. No where does the Motion to Dismiss state that the language of my motion fails to state a claim…It concludes: no subject matter jurisdiction; not punishment; had a fair trial.
Here’s a thought. All these dead beat fathers who neglect their children by not paying court ordered child support, isn’t that child abuse? And if they use that child against their mother in court proceedings, isn’t that exploitation?
I am almost done with the complete first draft and will post tonight to my site.
AJ, you have to remember in Paul they determined that it takes a stigma plus to violate you right to reputation. In Bani v. Hawaii established that there was stigma plus so he was granted a hearing and further cases also demonstrated stigma plus. It is in my Complaint under right to reputation.
Here is my completed draft of my Opposition to the Motion to Dismiss.It’s on my site at http://mllkeys20112011.wixsite.com/mysite under Opposition to Dismiss. Check it out and throw some feedback at me. We have until at least Jan. 10 no matter what…
Was anyone aware that the California Supreme Court ruled sex offender registration to be a punishment, back in 1983? Even 33 years ago, before the internet and all of the other hoops we jump through today, the Court realized just how punitive (their words) registration is.
I pay pretty close attention to this site and I’m not sure I’ve seen these casescited here.
https://law.justia.com/cases/california/supreme-court/3d/33/914.html
https://law.justia.com/cases/california/court-of-appeal/3d/157/554.html
I saw my Probation officer yesterday and I get off paper in two weeks, he told me I had to inform my registering agency know that I was off probation. My yearly is six months away and I have not read that I had to do an update for getting off of probation. Can anyone enlighten me on this?
After reading the case in which FREDERICK RAYMOND DRONEY, failed to state a claim there are many differences. First off he was arguing for a summary judgement which entails a statement of undisputed facts which is impossible to convey in this type of case as well as you have to show beyond a reasonable doubt that you are in immediate danger from the action you are disputing. Neither is possible in this type of case. No claim…..Also disputing that the guidelines for SORNA was actually law that the government uses to prosecute which it is not. It is guidelines not law as stated by the court. Once again, no claim. He further goes on to claim that the state will prosecute him under the federal guidelines which again is a false assumption, the state has there own penal codes and requirements that are not guidelines but actually laws in which they would prosecute if he were to violate which Droney did not contest or claim. No claim….Big differences then my case…I have many different claims on many different constitutional authorities and I am not claiming I am in immediate harm if the court fails to act. This is a big difference since there would be no ripeness to the claims since there is no immediate danger of prosecution unless I violate a law, even then it would not be the laws that Droney is claiming in his suit…No claim….
I really like this article and statements about separation of powers and minimum sentences. It is basically the same argument that I am bringing about punishments that go beyond the maximum sentence (sex offender registration) I was sentenced to the maximum allowed by law but am being subjected to punishment beyond the maximum which is a violation of the separation of powers….
“If Congress continues to breach its authority in enacting and maintaining
statutory mandatory minimums, the Supreme Court and federal courts should
exercise their authority and deem these laws unconstitutional. Although the
judiciary is the least powerful branch of the tripartite government, it does have the authority to rule laws in violation of the U.S. Constitution void. Marbury v. Madison, 1 Cranch 137 (1803).The Supreme Court began along this path in Booker, and it should continue in subsequent cases to render statutory mandatory minimum laws unconstitutional. This is the beauty of the separation of powers doctrine: it is both a directive and a remedy. United States federal courts should use the separation of powers doctrine as a remedy to unconstitutional statutory mandatory minimum
sentences”.
Marcy’s Law:
This doesn’t apply to us, but I thought I’d post it anyway as it applies to crime victim advocates and the unintended consequences of new laws they advocate for. This law has put limits how the media can report vehicle accidents because who the the victim is will not always be known until the accident scene is fully investigated. As we know, any law that is named after a victim is usually a poorly written law that almost always has unintended consequences. This law was added to California’s constitution in 2008 and is being adapted in many other states.
http://www.capjournal.com/news/marsy-s-law-aimed-to-help-crime-victims-showing-unintended/article_c741ba40-ea64-11e7-a505-63a3546a3c3c.html