A federal judge has told Nebraska to keep juvenile sex offenders off the state sex offender registry if they weren’t tried as adults — at least for now.
The Lincoln Journal Star reports that Tuesday’s order from U.S. District Judge Richard Kopf gives a temporary reprieve to dozens of people who received letters from the Nebraska State Patrol telling them they must register as sex offenders. The letters cited a recent Nebraska Supreme Court decision. Full Article
The State says they won’t accept what the District and Circuit has told them to do ! Will Nebraska become a magnet State for this segment of out of State registrants moving here to be free of registration ? That’s how I see the situation from here in Omaha.
As I understand it, in a matter of the interpretation of state law, the state’s Supreme Court decision prevails over that of a Federal court unless there is also a question of federal law that is in conflict with the state’s law. Only SCOTUS can overrule the state’s supreme court decision in such a case, and only if it is appealed by means of a Petition for Writ of Certiorari, and SCOTUS grants the petition.
But, IANAL. Maybe Janet can say.
I would add to my previous comment that the disparate decisions of the state and federal courts stemmed from two different cases. I’m not sure how that affects the outcome. I haven’t read the decision in either case. Maybe the federal judge is checking to see whether or not there is a question of federal law.
Cr.: Great comments ! I’m gonna try to be present in the Kopf Court in Lincoln on this coming in October. Kopf is a fascinating Judge. Remember his ill fated blog called Hercules and the Umpire, or when he criticized lady legals for dressing too suggestively !?
Just got off the phone with Larry, and he has added this matter to Registry Matters podcast coming out this Tuesday. It will be discussed at time marking 1:11:30 on the podcast, which will be part of podcast #42. Could it be they are both right ?