Comments that are not specific to a certain post should go here, for the month of February 2018. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
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AZ: I sent an Arizona man to prison for 290 years. His case still haunts me
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Even though these codes are not codified in the California statutes they are a direct effect of California’s statutory scheme.
Has the Supreme Court ever addressed the issue whether an equal protection claim violation occurs when multiple state statutes and codes conflict causing extreme effects that vary for individuals in similarly situated circumstances.
Man look how short and precise this is. Any comments? Like I said I don’t know for sure if SCOTUS has addressed the multi state statute conflicts. If not this could be a new area of law. I am sure it just not on an issue where such dramatic differences in penalties were involved.
(Right to Equal Protection)
The sex offender registration and notification laws are discriminating irrationally among classes of ex-offenders which violate the equal protection clauses.
The Sex Offender label is a federally and state mandated label that includes discrimination by the federal and state government against this created class through laws such as in the form of: (a) IML (“International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders,” Pub. Law No. 114–119, 130 Sta. 15 (2016)); (b) federal housing programs denial, Section 578 of the Quality Housing and Work Responsibility Act of 1998 (QHWRA) prohibits the admission of lifetime registered sex offenders to federally assisted housing. The regulations adopted by Housing and Urban Development (HUD) to implement the statute became effective on June 25, 2001 http://nhlp.org/resourcecenter?tid=128; (c) Also 42 USCS § 13663 (2004) explicitly purports to deny dangerous sex offenders, but in fact, requires PHAs (Public Housing Authorities) to deny eligibility to federally assisted housing to anyone listed on a state sex offender registry, many whom cannot be considered dangerous, but are guilty of offenses that were non-violent or consensual. See also residency and presence restrictions; (d) EEOC (US Equal Opportunity Commission) web site specifically lists government registries like the Sex Offender Registry as valid research tools to deny employment, even though the lengths of time on the registry often far exceeds the time other criminal convictions can be used to deny employment; (e) and the interference with a plethora of laws targeted at restricting the upbringing of Plaintiff’s children/grandchildren, or any minor.
While this should only be possible if applied equally to all people in the same circumstances, it is most definitely not. Each state controls what crimes qualify to be on the Sex Offender list as well as the arbitrary duration, and to what information is provided to the public. For a partial list of obligations and statutes see, http://ccresourcecenter.org/resources-2/restoration-of-rights/50-state-comparison-relief-from-sex-offender-registration-obligations/
Regardless of another State’s sex offender laws or criteria for inclusion on the national Sex Offender Registry, since Plaintiff is from California, no matter what state he moves he is subject to lifetime registration requirements even though others in the same circumstances, or very similar situations, may get relief after that state’s set duration for registration for the same offense or similar offense as he has.
Even though these other state’s codes are not codified in the California statutes they are a direct effect of California’s statutory scheme. The Supreme Court has never addressed the issue whether an equal protection claim violation occurs when multiple state statutes and codes conflict causing “extreme punitive effects” that vary for individuals in similarly situated circumstances.
Yesterday, I watched the movie “Call Me by Your Name”. Beautiful movie, excellent acting. And …… the character of Oliver would have been sent to prison for at least five years for molesting a 17 year old and would spend the rest of his life on a Sex Offender Registry. But while everyone fawns over how wonderful this movie is, no one discusses the consequences that would follow if this happened in real life. Why not?
Yep I need help with this one. This is what I have.
Regardless of another State’s sex offender laws or criteria for inclusion on the Sex Offender Registry, since Plaintiff is from California, no matter what state he moves he is subject to whatever registration requirements that state has in place, and even though others in the same circumstances, or very similar situations, may get relief after that state’s set duration for registration for the same offense or similar offense as he has, it is a crap-shoot whether or not Plaintiff will receive the same treatment as all others similarly situated.
Even though these codes are not codified in the California statutes they are a direct effect of California’s statutory scheme. This is also a serious issue of federal law about whether multiple state statutes and codes that conflict constitute a violation under the equal protection clause. Plaintiff is pretty sure the United States Supreme Court has had to of addressed this issue sometime in the last 100 years, but I really doubt if they were dealing with a situation where the “punitive effects” differ so dramatically from state to state. I bet this is unprecedented in modern history. Has the court ever addressed the issue whether an equal protection claim violation occurs when multiple state statutes and codes conflict causing extreme punitive effects that vary for individuals in similarly situated circumstances? Plaintiff cannot find any case law that compares to this situation.
I also cannot find if the AG can file multiple motions to dismiss under fed rules. Any help???? Doesn’t seem right I know that.
This really screwed me when i was doing my habeas right after I got out of prison. I did not have access to a computer since I was not allowed access under parole and I did not know how to file for a certificate of appeal-ability. BS man…. Ninth circuit probably would have reversed, but oh well I guess live and learn right?????????
Habeas cases. If you are an appellant in an appeal from an action filed
pursuant to 28 U.S.C. § 2254 or § 2255, you must first obtain a certificate of
appealability regarding any issues you want to raise in your brief. If the
district court has denied a certificate of appealability, you must request a
certificate from this Court. 9th Cir. R. 22-1. This is explained further in the
“General Information” section of this document.
I was watching a program on cbs about the civil rights movement. The Supreme Court case Plessy v Ferguson was the case that gave governments a green light to pass more and more laws as long as services and facilities were equal, hence the term “separate but equal”. That stood for almost 60 years. Smith v Doe is our Plessy v Ferguson. The case that opened the door to the super registration schemes. Plessy v Ferguson affected more people but the affect is similar to what many of us face now.
Yep, I think your right Chris. The whole equal protection isn’t workable. Doesn’t have any teeth that’s for sure.
Looks like LE is putting the resources in the wrong place if they want to help save the children….. End the registry and take the money saved and put armed guards in schools or train and arm the teachers.
From Texas, an atty with an RC on HER staff is challenging Judge in election. Very interesting story for some light reading.
Contentious 331st District race pits longtime judge against attorney
http://www.mystatesman.com/news/local-govt–politics/contentious-331st-district-race-pits-longtime-judge-against-attorney/nFlg33eD3DZyMlFb85hHkI/
Just had an attempted compliance check. One deputy (marked SUV) and four USMS (unmarked SUV). I could see them, and completely ignored their doorbell ring and knocks, even as I stood on the other side of the door. I was able to spy on the from the garage, too. What ticks me off is the pricks were walking around my outbuilding and looking into a car I have parked out there, which is *certainly* a 4th Amendment violation, since they have no reasonable suspicion to be searching that area. Hmmm…time to break down and buy cameras…and maybe a locked gate for the driveway so they cannot even enter my curtilage w/o violating the 4th Amdt.
“Waterville (Maine) weighs restrictions on where sex offenders can reside” A teacher’s request may lead to limits on how close registered offenders can live to places where children gather, such as schools, parks and playgrounds.”
The telling quote: ”’I think it’s a good idea, by the way,’ Isgro said. Enacting an ordinance would send a message that sex offenders are not wanted in the city, he said.”
https://www.pressherald.com/2018/02/19/waterville-weighs-restrictions-on-where-sex-offenders-can-reside/
Man that’s frigging BS AJ. Mans off paper and you still have cops show up at your door without any probable cause whatsoever. There lucky it isn’t back in the day when my dad straight took out his guns and told them to get the hell off his property unless you have a f*&%% warrant. Of course now they would just fill you full of lead, but whatever.
If children claim they reserve the right to feel safe in their schools (so they can learn and function without fear of being killed), then we reserve that SAME right for us and our families to feel safe in our own HOMES and places of employment.
From Bill Dobbs:
FINAL performances this week of America Is Hard To See, a new Off-Broadway play that takes on a very thorny topic – sexual wrongdoing – and it’s a mind-opener! Here’s hoping the play gets another bigger run in NYC, and goes on the road. Closing night is Feb. 24th. There’s more about the play (it’s based on a real life community-in-exile) and how it was made in the reviews and video linked below. -Bill Dobbs, The Dobbs Wire info@thedobbswire.com
TICKETS (get two tickets for the price of 1, use code 2FOR1)
http://www.here.org/shows/detail/1927/
Reviews
TheaterMania review by Zachary Stewart: A Colony of Sex Offenders Takes the Stage in America Is Hard to See
http://www.theatermania.com/off-broadway/reviews/a-colony-of-sex-offenders-takes-the-stage-in-ameri_83943.html
Gay City News review by Andy Humm: Off-Putting Topic, Terrific Show
http://gaycitynews.nyc/putting-topic-terrific-show/
New York Times review by Laura Collins-Hughes: An ‘Our Town’ With Sex Offenders, in ‘America Is Hard to See’
https://www.nytimes.com/2018/02/02/theater/review-america-is-hard-to-see-travis-russ.html
How the play was created
WLTV TV News: Florida sex offender story moves to New York stage (Video)
https://uw-media.hawkcentral.com/video/embed/76825182?sitelabel=reimagine&platform=desktop&continuousplay=true&placement=uw-smallarticleattophtml5&pagetype=story
Just an FYI for everyone. This past weekend, I did some local shopping, and folks are out with ballot initiatives to gather signatures for the next election on various topics.
I signed all initiatives except one. One of them is about restricting parole for non-violent offenders, authorizing felony sentences for some misdemeanors, expanding list of offenses to disqualify inmates from a parole program, etc. You can find more about it here:
https://oag.ca.gov/system/files/initiatives/pdfs/Title%20and%20Summary%20%2817-0044%29_0.pdf
Just put the word out to your circles not to sign this initiative.
“The Promise and Potential of Circles of Support and Accountability: A Sex Offender Reentry Program”
What’s interesting to note here, regardless of your views on “Circles,” and pro-treatment propaganda, is that this a publication of the American Enterprise Institute, a more-or-less conservative think tank. They are on the “thinking” side of the conservative movement, however, although not quite libertarian. This is actually kind of significant coming from this group (although I haven’t read it yet).
<< https://www.aei.org/publication/the-promise-and-potential-of-circles-of-support-and-accountability-a-sex-offender-reentry-program/
So I’m going in for my Costco membership renewal tomorrow in Van Nuys. I was curious about some post from a few weeks back about having to sign/initial something about leaving the state. I want to refuse but need to know the law for sure. I thought the person who posted that was in Riverside I could be wrong.
Had my membership renewed. Asked if there was anything about travel and the pages I initial, she said “No nothing has changed”. Then I asked about IML and 21 day notice she said “You can take the paperwork home and read it” (They obviously have no clue) I chuckled and said “That’s the last thing I’m going to do.” In and out in 20 minutes. The Van Nuys store is professional and pleaseant. I do the 5:30 am and there were 3 other guys there, when I walked out there were at least 10 waiting to go in braving the freezing cold.
Question if the state makes us have to initial everything so we understand the rules, why don’t we have to initial anything for IML?
Hey, I don’t mean to derail any thread but was wondering if anyone in this board was involved in any of the lawsuits against the website $exoffenderarchive?
Im dealing with this POS now and this website is the last one that is refusing to remove my info and picture after I was removed from the PA registry.
Surprising, after a number of emails to hosting companies, website owner and Proxy blocking companies, I have had a good amount of success getting my info off of some of the “mainstream” sites that publish this “so called” protected info.
Thanks!
I see the Gov. of MO has been indicted (and led away by LEOs) for invasion of privacy (https://www.nytimes.com/2018/02/22/us/eric-greitens-indicted.html):
*****
[The Governor], a first-term Republican, photographed a nude or partially nude person without the person’s knowledge or consent in 2015, according to charging documents released by the St. Louis Circuit Attorney’s Office. The indictment said [the Governor] then transmitted the photo in a way that allowed it to be seen on a computer, which prosecutors said made the crime a felony rather than a misdemeanor.
*****
Uh oh. This sure sounds like a registerable offense…
Rats. I just discovered SCOTUS denied cert in Christensen v. TN. (https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-321.html) This makes it even harder to keep LEOs (or anyone, really) off your property. The means and methods required vary from State to State, but it appears the only sure-fire way to do so is via the “Kennerly Method”: high walls, and a high, locked gate with some sort of intercom (e.g. Ring Doorbell) system.
South of MO is AR and this little dandy. You can’t make this up but it does sound like the plot to a legal drama novel. You won’t think of community service the same way again. He may live long enough to register, if required, too.
As an Arkansas judge, he dismissed sentences for sexual photos. Now he’s going to prison.
https://www.washingtonpost.com/news/morning-mix/wp/2018/02/22/as-an-arkansas-judge-he-dismissed-sentences-for-sexual-favors-now-hes-going-to-prison/?utm_term=.4ec336b34a52
Ex-Arkansas Judge Receives 5 Years for Coercing Sexual Acts From Defendants
https://mobile.nytimes.com/2018/02/22/us/arkansas-judge-sentenced-boeckmann.html
The policeman is your friend and is often all that stands between child killers and our children…
https://www.google.com/amp/www.sun-sentinel.com/local/broward/parkland/florida-school-shooting/fl-florida-shooting-sro-20180222
Can anyone come up with a list of states where you can move and be credited with time served in another state and get off the registry after 10+ years. I know Georgia seems possible. Are there others. Seems to me that might be the only solution for escaping the IML.