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MI: Does v. Snyder brings changes to state’s Sex Offender Registration Law

Six people who filed a lawsuit against the State of Michigan, challenging the constitutionality of its Sex Offender Registration Act (SORA), have been removed from the public sex offender registry after a final order in their case, Does v. Snyder, was issued in January.

The judgment, signed by The Hon. Robert H. Cleland of the Eastern District of Michigan, enforced a unanimous panel ruling by the U.S. Court of Appeals for the Sixth Circuit. The court held that the 2006 and 2011 amendments to Michigan’s SORA violate the Ex Post Facto Clause of the U.S. Constitution, and therefore cannot be applied retroactively to people convicted before the changes went into effect. The court said SORA “brands registrants as moral lepers solely on the basis of a prior conviction. It consigns them to years, if not a lifetime, of existence on the margins, not only of society, but often…from their own families.” The decision became final last October when the U.S. Supreme Court denied the state’s petition for certiorari. As a result, the Michigan legislature will have to rewrite the state law. Full Article

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  1. TG

    I’m not sure how to feel about this. I was convicted in Michigan, but was kept on the list there – even though I was living – and still live – in California. That changed in 2011, when Michigan removed me. In addition, I could have been removed entirely after 25 years in just a few years under the new Michigan laws. Now, is it going to revert back, making me publicly listed again? Am I going back to a lifetime requirement there?

    On the other hand, this ruling seems like it could be good news for registrants in general.

    Another thing to worry about was just what I needed.

    • Don’t tread on me

      Politicians are the lowest form of life on earth. I refuse to believe any of this will benefit us in any way. Our attorney general Bill Schuette is now running for governor. If he is elected we will have the worst kind of political enemy in Michigan’s top seat.

    • E @ TG

      Hey TG, why did they remove you in 2011? Was a part of that year’s law-change the removal of out of state people from the registry? Presently, I am forever on the WI registry (conviction there), though I have not lived there for decades… looking for any parallels to my situation that have changed for further understanding…

      • TG

        @ E, to be honest I’m really not sure why they removed me. I didn’t want to poke that hornets nest for fear they would realize it was a mistake and put me back on.

  2. Bobby

    This article is nothing new,they are just repeating what we already know, that is why the Michigan ACLU, has filed a Class Action Lawsuit against the state of Michigan. The Class Action is called Does 2, is to force Michigan to make it apply to all of us who are pre-sorna. My Conviction was in 1992, before a registry even existed in Michigan. I’m not sure if I am saying this correctly, but Does 2, is scheduled to be heard October 17th, at 2:00pm with Judge Cleland. I believe it is so he hopefully certifies Does 2, to apply the 6th circuit to all of us who are pre-sorna. I hope that makes sense to everyone.

    • Timothy

      @bobby,
      1992 a suffered a wrongful conviction for molestation. I refused plea offers of defferred prosecution and demanded trial by jury. I waived no rights but Wisconsin just waived them for me behind my back. Whether one was actually factually guilty seem conceitedly relevant to the intent of the state and the question at hand in Connecticut DPS v. Doe. Too bad I didn’t get to ask the question myself.

    • bill

      Funny they postponed the case until the election , I think the ruling will come down after the election, hopefully it can over with!!!!!!!!!!!!!!!!

      • Bobby

        @Bill

        So are you saying they moved the date again, the Class Action was or is suppose to be heard on October 17th, at 200pm. ? If it did get changed then what is the date now.

        This whole thing is getting ridicules, it’s clear that 6th Circuit’s ruling applies to all of us that are pre-sorna, yet everyone continues to drag their feet, I also don’t understand why they sent out this article, when it seems ti me that it is just repeating older article(s) so can anyone explain what is going on and did the class action get moved again. Hope this makes sense to everyone.

        • Josh

          @bobby
          Unfortunately, I think Bill is right…the hearing has been pushed back until January 9 2019 as near as I can tell..I think the class action was certified a couple weeks ago. I’m waiting on my attorney to confirm this tomorrow…..just more waiting…a quick google search was all it took to find this info

        • Bill

          Not that I know of, I thought it was postponed still in Oct?

        • Bobby

          @Josh, I heard from Mrs Aukerman that it was in fact certified, and the motion hearing is in 1-9-2019. So here a couple questions since when it comes to understanding this stuff I am about as dumb as a box of rocks. Lol. What does it mean exactly now that the class action has been certified? and and what is the motion hearing about on January 9th, is it to see if the class action will include all Michigan registrants or is that what being certified as all about, and did you hear back from your lawyer yet and if so what did he have to say about all this stuff.

  3. Matthew

    I want to get in on this civil case. Thanks to Snyder I went from 25 years to life. I am also wondering if it applies to fees that were put into place requiring SOs to pay $50 every year. I was convicted in 1997 and would be down to 4, almost 3 years left.

  4. NY won't let go

    Was it Snyder that signed it in? I thought it was Granholm, She didn’t like us very well either.

    While I was in and waiting to see if I should plea out or go to trial, my lawyer told me that my evidence wasn’t admissible for trial because it discredited the victims story. (some law passed in 2007) meaning my only defense wouldn’t be admitted because it had proved that she lied about her age to begin with, but by law we are supposed to get like three forms of ID now, make photo copies and do a background check.

    Because you know people under 18 have tattoos and piercings and it doesn’t matter if they present themselves as older, have an ID that says they’re older, or all their social media accounts say they’re older. You still have to already know. 😂😂

  5. Bobby

    @josh, I found out that the class action was certified by Cleland. and the motion hearing is on January 9th, so since I am as dumb as a box of rocks. Lol. What does it mean exactly now that Cleland certified the class.2) what us the motion hearing about, is it so Cleland can rule on whether it will apply to all pre-sorna Registrants. Just trying to understand what all this is going to mean. So any help you can give Josh or any one else I would appreciate it. Also Josh , did you hear back from your lawyer yet, and what did he have to say about all this if anything.

    • Josh

      @bobby
      Since it was certified as a class action it now means that we all win or we all lose together…as to the hearing on the 9th of January, this is the hearing for the partial summary judgement that the Aclu filed basically requesting the relief due to those of us whose convictions came before 2006 & 2011….the way it’s written to the best of my understanding is that we get our relief on a temporary basis while they try to hash out a permanent solution with the legislature hence the partial summary. My lawyer was aware that the October 17 hearing was adjourned but didn’t know the exact date it was rescheduled which I found through a quick google search..as far as what it all means to all of us who were waiting it’s just more of the same….

      • Bobby

        @josh,. Thanks, for explaining all that, I honestly can’t see how we can lose, being that ruling from the 6th circuit, and basically being backed by SCOTUS, clearly states that it applies to all pre-sorna SORNA registrants who’s convictions were before the 2006 and 2012 amendments put into place. So if you don’t mind me asking and if you actually know the answer to these question. After Cleland rules on the 9th, what would happen next, and how much longer after the 9th till a final decision is made?, I can’t see how he can rule against us,.but then this Is Judge Cleland, the 6th circuit had to over rule his last decision, on does 1, when he ruled for us and against us, until the 6th stepped in and said he was wrong and that Does 1 was in fact punishment and unconstitutional. ALL OF IT, not just parts of it.

        • Josh

          @bobby
          I don’t know what’s going to happen….I don’t know if he (Cleland) is going to hear the case and make a decision that day or sit on it for a while…I just have no earthly idea. What you said in your last post is accurate though, in regards to the 6th circuit overturning Cleland on all counts. I’m interested to see how he’ll react THIS time around. Every factor should be in our favor but honestly I’m losing optimism…there is too much money involved and too many political careers at stake..we all know that what’s right & constitutional can be subject to any one person’s interpretation…I guess we’ll all see in three months…

  6. Josh

    Sorry y’all….I wasn’t trying to be negative or pessimistic because on paper our case should be a slam dunk….the motions that were filed by the Aclu are really well written and reasoned…they’re also backed up by the 6th and scotus. I want to believe that justice will prevail and some of us can get some semblance of our lives & privacy back…After 26 years, I know that it’s too late to ever re-gain my reputation or the experiences that have been lost due to restrictions imposed by these FARCES of laws…I’m praying daily for all of us to keep faith that we get the result we deserve..

    • Bobby

      @Josh, I completely agree with you, mmy original registration date was 11-22-1995. but since they moved my original registration date to my conviction date which was 6-19-1992. So according to that date I have been doing this registration crap since I was 23, and next year June 2nd , I will be 50, so I am really hoping they fix this stupid thing soon , hopefully before I met my maker anyway. So 26 years i have been putting my private info, for everyone to read. You would thing we would get some sort of compensation, besides being removed , or having our registrations put back to wre they were to begin with, mine was 25 years and that would if been over in 2020. So when everything is finally settled and fixed I hope I am just removed from the whole danm thing, since I and many others are pre-sorna.

  7. Bobby

    Hello everyone.

    Well I was finally able to get an answer from Mrs Aukerman as to why the October 17th hearing was moved to January 9th 2019, and here was her short reply back to me.

    You must continue to register.  The hearing was moved because we are negotiating with the state to see if we can get a new, better law.  That law, or any decision in the case, will affect everyone.
     
    Why she would tell me to continue to register, I don’t know I’m not going to stop registering now after I have been doing it since the early 90’s. I just want this case over.

    I just thought you would all like to know what she said to me.

    • CR

      “The hearing was moved because we are negotiating with the state to see if we can get a new, better law. That law, or any decision in the case, will affect everyone.”

      That doesn’t sound encouraging. Maybe it’s just me, but that kind of language, especially the word “negotiating”, just rings of compromise.

      If the ACLU is “negotiating” for something even better for registrants than what the 6th already said, then why would the state entertain it? Why is it even up to the ACLU to negotiate with the state for a new law? That sounds like legislation. This is supposed to be about enforcing a judicial decision.

      How about the ACLU just stick with the original plan and force the state to conform to the 6th Circuit’s opinion?

      • Josh

        I agree….who are they negotiating with? I’m guessing it’s not Snyder because he’s all but done. I can almost guarantee it’s not Bill schuette our illustrious current attorney general…he has no comment on this topic due to his upcoming election. Not to mention he has a big hatred for us indentured registrants…let’s not get this twisted because the odds of the the state & legislature just giving in and releasing us from the registry willingly are NONE & NONE…this will go until the hearing in January and likely beyond. I hope I’m wrong but I don’t have any confidence when the state should have done what was right and constitutional from the jump…

        • Bobby

          @Josh, I agree they also can’t be talking with that idoit Rick Jones, because he issue also on his way out, even though he claims he tried to get everyone together to hash things out and fix the registry. He claims no one wanted to meet, but I bet that is just a lie they haven’t tried to fix anything because this is a election year. I do plan on asking Mrs Aukerman tomorrow, who and why are they negotiating, with to trying and get a better law. The 6th Circuit had already said that the #006 and 2011 Amendments are in deed punishment and unconstitutional, and that they can NOT be applied retroactively to pre-sorna Registrants. So I am going to bring that fact up to her and see what they she says, also am going to ask her why negotiate, when she should be forcing the state to comply with a court order. I also agree with CR it’s a judicial order case closed. The ACLU needs to force the state to comply not negotiate.

    • Bill

      Thanks Bobby for the info, I think the state will agree or work out something out before January 9th 2019, I know this wasn’t part of a lot of ours sentence, and we were put through Hell, it is so sad for a lot of family’s etc…

      • Josh

        I’m not understanding the aspect of legislating this at all….if you were pre-registry all together than you should come off all together…If you were pre 06 than the residency restrictions and whatever else came along with that should be removed…if you were pre 11 than you shouldn’t be placed on a tier based on the type of conviction you had along with email addresses, workplace, & vehicle information etc. My whole point is that whoever is running this damn registry in Lansing needs to start sorting through it and removing people who never should have been on it and removing personal information from people who haven’t completed their 25 year initial(additional) sentence on the registry….if their conviction fell before 2006…again, just fix what you were ordered to…and then if you want to negotiate better laws for the other people whose convictions came after 2011 then I’m all for it..

    • AJ

      @Bobby:
      “Well I was finally able to get an answer from Mrs Aukerman as to why the October 17th hearing was moved to January 9th 2019[.]”
      —–
      Here’s my amateur guess as to why the dates changed: October 17 is too close to Election Day; January 9 is when the newly sworn legislature will open its session.

      • Josh

        @all
        The part about the postponed October 17 hearing being too close to a election doesn’t make any sense….Bobby mentioned in one of his previous posts about Rick Jones and his supposed willingness to sit down and hammer out legislation but nobody else wanted to come anywhere near it. In my opinion, and this is just my opinion that it shouldn’t matter who sits in the state senate, House of Representatives, or the governor’s chair…a court order is a court order. Why wait until the next governor is seated? Why wait until the next attorney general is in place? If elected, Bill schuette isn’t going to help us….he hates us and he’s corrupt as hell. He’ll oppose us at every turn and I have absolutely no idea what Gretchen Whitmer thinks about us. I’m pretty sure it’s not good though, her being a former prosecutor….Again…don’t look for any help from politicians because unless they’re banging their drums about more restrictions and being tough on crime just so they can look good for their constituents there will be no politician sticking their necks out for us…the courts are where our relief will come from..

        • AJ

          @Josh:
          “nobody else wanted to come anywhere near it.”
          —–
          Does this not indicate to you how toxic it would be for a politician to be “pro pedophile” right before ballots are cast? You cannot be that woefully naive about politics, can you?

          You’re right, it doesn’t matter who sits in any of the elected officials’ chairs, because they all want to stay away from it at all costs…doubly so right before they are trying to win an election.

        • Josh

          @AJ
          I’m not naive about politics at all…the point I was trying to make was that it doesn’t matter if there is an election or not…for our state senators and representatives there is always another election ahead. Their voting records are there for everybody to see…they’ll NEVER want to appear “pro pedophile” at any point if they want to be elected again….you have a tv? If you do than surely you’ve seen every attack ad from Flint water, Nassar, etc…am I making my point? Rick Jones even said that he couldn’t get anybody to the table, period. He said it was going to be up to the courts and that’s all I was trying to emphasize…

  8. Don’t tread on me

    This whole thing depresses me. If we are successful and many are removed from the registry, then our army of anti-SOR warriors will be radically reduced. The noise being made will only be a whisper. Those of us left behind with convictions from 2012 and on will be left to suffer through this incredibly onerous experience. I am glad there are so many that will benefit from this ruling. Our prayers may yet be answered. I guess I only ask that once you are removed from the registry please do not forget those of us left behind.

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