General Comments August 2019

Comments that are not specific to a certain post should go here, for the month of August 2019. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil. This section is not intended for posting links to news articles without additional relevant comment.

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@SteveO….thanks for the reply and the info! That’s always the way it has appeared to me. I figure if you’re not required to register in your respective state and you haven’t got caught up in second state like Florida or Wisconsin which keep you on regardless, then you should be good to go….

Just venting here…

I wished I left this country before that damn website went live and life turned upside down. After getting paroled in ’94 I had a great life until the shit hit the fan 10 years later. I was that frog in the warming pot of water on the stove and I still am that stupid frog, except now I have kids, a wife and a business. How bad will it get? Will the water boil over and we find ourselves (insert worse case scenario here) or will it cool and, if you’ll forgive my mixing of metaphors, the pendulum swing the other way?
Had I known then what I know now, I’d have gotten the F out if this country and gone to Europe. I suppose I still can, but leaving my wife and kids, especially my kids, would be very hard, no, impossible.
For any of you young bucks who can get out of Dodge, I highly encourage you to do so. If you’re worried no one will take you, get to France, a Schengen country, and join the French Foreign Legion. It’s a real thing and you can start a new life with a new identity right away, then after your 5 year commitment, apply for French citizenship. Any of my veteran brothers (sorry, sisters, they don’t take women) will adapt to the lifestyle quickly and there are many American ex-pats among their ranks.

That is all.

Millard case from the 10th circuit is “soon” to be released, but I am afraid it’s gonna be bad news. Stay tune, I will post the link as soon as I get a hold of the opinion.

thought i’d share a few words (prob fall in deaf ears or doubt these words are true) never judge people by their past,people learn,people change,people move on…………

A Riverside CHP officer was recently killed by a felon living in the back of his truck. The man had a gun for protection but bc the officer was having the vehicle impounded (instant eviction) the man’s gun would have been discovered and him sent back to prison. The man was helpless and hopeless without ANY options he knew he’d be killed so he chose to fight for his property…both him and the officer paid a high price for that impound. Law enforcement and the homeless that live in their vehicles need other options available. If the officer had just wrote the guy a ticket to appear in court giving him time to sort it out and not impound the man’s truck/home they both would still be alive today. If those living out of their vehicles could have either a vehicle registration forgiveness program or a special registration tag it would allow all parties relief in a hard situation.

1 day until Judge Cleland’s deadline for the Michigan Legislature to change the registry law and make it constitutional. Tomorrow marks the end of the 90 days. We have hardly heard a peep out of the state or the Michigan ACLU. Anyone heard any updates?


Been hitting the refresh button all day lol

We’ll see if another extension is granted but the registry could be ordered void for pre 2011 registrants until it’s fixed.

Which sounds great in the short term but long term could end up not getting some of the actual changes we want due to a knee jerk reaction to hurry up and put something through due to publicity

This is a progressive move by the powers that be in SF. I wonder if their new outlook might include using the term “Registered Citizen” instead of “Sex Offender”. Of course, Fox News probably thinks it’s a joke, but, then again, consider the source.

“San Francisco board rebrands ‘convicted felon’ as ‘justice-involved person,’ sanitizes other crime lingo”
And this is why N.Y. registered sec offenders shouldn’t drive Uber. Oh. . he wasn’t a registered sex offender?? Effn joke except for the fact that the child must be traumatized. Maybe this Uber driver will be a NY registered sex offender once criminal case is resolved but highly doubt it. Guess judge won’t consider him dangerous enough.

Well if this don’t make you throw up just a little…
“A man was accused of a serious assault, denied it outright, and — on the basis of the accusation alone; an accusation described as outlandish by the dissenting judge — is now behind bars.” Good reporting by NR.

It appears MS has enacted a new expungement law that even RCs can utilize (; see Section 34 on PDF-page 68). There are a few sex-related offenses that are barred, and a FTR bars expunction, but otherwise there doesn’t appear–at least on paper–any ban of sex offenses.

Of course the RC needs to show the court why it’s a good idea. I don’t foresee many judges giving out expunctions to RCs. In fact with the MS SC already having ruled a couple years back that an expungement relieves a RC of registration requirements, I don’t see any judges considering relief until the registration term has ended (meaning lifers will never get expungement).

I’m stunned MS is being so “progressive.” It must be some sort of clerical error.

I have to register my annual in 5 days (CA).
When I called in to make an appointment The woman officer asked me if anything had changed I said no. Then began to grill me on the conditions. For employment I always register as self employed, even though I collect social security retirement. She asks if I’m retired, not thinking I say yes she then grills me on when like shes on the scent of something. Ive never registered as retired but have collected retirement benefits for 4 years. Should I be worried? Social Security Retirement states right on their page you can still work. But what do I do If I end up with an idiot when I register?

I can see not much changing on here , same old comment stompers , same people outing RC’s that’s not in the prescribed mind set , please feel free to scoff and laugh at me as you roast in the bliss of control over an RC site , where only RC’s are against the apologist that are RC them self , some of us did our time 35 years or more ago , and should have long since been off this unconstitutional registration , if your going to out people at least have the nuts to stop calling your self constitutional anything , half sound like cops , and many sound like boot lickers , were did everyone go that use to brain storm how to take this registry down ? rather than everything is ok just as long as life time don’t include you !

I have friends in Cambodia, and was sent an article recently.
It seems Cambodian police arrested a retired Anerican military captain for raping at least two children, a boy and girl, as well as holding others captive. He served time in a prison there, and was then deported. A California appeals court vacated his conviction and wiped his record clean, even though he was suspected in other crimes in the U.S.
His U.S. appeals case was in 2018.
I don’t understand a system where a convicted pedophile and serial predator can be cleared, yet people in U.S. suffer a lifetime for minor offenses.
I am so happy to be free from the U.S. “justice” system. I think this story proves that providing justice is not the main focus. The main focus is political and financial.

Take care,

Had an informal administrative hearing before an Administrative Law Judge and the Utah Division of Finance, Office of Debt Collection; regarding unpaid registry fees. I never ever paid them. Due to the new tax law, I actually got a state refund this year, and they took it as part of an administrative offset to pay this debt. Sadly, this is a required step before I can file a complaint in district court.

My arguments:
1) The fee operates as a fine, and is ex post facto. While the state contends it is a fee for “services rendered” by maintaining the registry, it is actually a compulsory payment made under threat of felony prosecution if say I refused said service which is tied to my conviction. AG stated that the registry is not punishment and cited Fremedeer and Shurftleff. I objected that a 20-year old ruling based on a law that has been amended 20 times has no bearing on the current law, especially when registry fees did not exist when Fremedeer was decided.

2) Utah Tax Code only allows over payments to go towards “judgments obtained through due process of law.” The State has never gotten a judgment with regard to this debt, and it is past the statue of limitations. The AG argued that there is no statue of limitations for administrative offsets. However, I found a case that this particular AG had lost arguing the same point, a which point he back peddled, stating that the ruling I cited did not apply outside that case and was not precedence. I shot back that the Court in that case has appellate jurisdiction over administrative hearings and so it applied via stare decisis.

3) I also argued against the Administrative Code allowing ex parte liens against personal property without the same rights to notice afforded in non-government debts.

4) I also argued that the Administrative Code violates due process because that lien upon which you have no notice, constitutes a judgment the moment it is created per statue, for and only for the purposes of garnishing tax returns. This extrajudicial exparte judgement is never recorded, not signed by a judge, nor is notice given to the property holder until after the property is seized per the Administrative Code.

I don’t expect to win at this stage, and am gearing up for a Complaint before the District Court. Because they cannot sue me due to the statue of limitations, this is the only way they can get the money at this point through their unconstitutional Administrative Code outside the legal process.

Per the Hearn v. Castilleja hearing today in Austin at the federal courthouse.

The judge has requested additional filings from DPS. DPS will have 7 days to file and then the lawyer representing registered citizens will have 10 days to respond. Heard he did did a fantastic job… This is one we should expect to win.

More info to come. Texas specifically stated a condition an expiration of a requirement to register after their probation had ended for over 700 litigants back in the early 1990s. The state is going to be forced to keep its word.

From CCAP Resources for those who have to pay for registration:

Case Name: Timbs v. Indiana (2019) ___U.S.___ [139 S.Ct. 682] , USSup , Case #: 17-1091
Opinion Date: 2/20/2019 , DAR #: 1337
Case Holding:
The Eighth Amendment’s excessive fines clause is an “incorporated” protection applicable to the States through the Fourteenth Amendment’s due process clause. Timbs pleaded guilty in Indiana state court to drug charges. Indiana sought civil forfeiture of his vehicle, valued at $42,000, which was over four times the maximum fine for his offense. The trial court found the forfeiture would be grossly disproportionate to the gravity of the offense and therefore unconstitutional under the Eighth Amendment’s excessive fines clause. The Court of Appeals affirmed. The Indiana Supreme Court reversed, holding the clause constrains only federal action and is inapplicable to state impositions. The U.S. Supreme Court granted certiorari. Held: Vacated and remanded. A protection afforded by the Bill of Rights is incorporated if it is fundamental to our scheme of ordered liberty or deeply rooted in our Nation’s history and tradition. Incorporated guarantees are enforced against the States under the Fourteenth Amendment. Under the Eighth Amendment, “excessive bail shall not be required, nor excessive fines imposed.” The protection against excessive fines has been a constant shield throughout Anglo-American history. Excessive fines can be used to chill freedom of speech or can be employed “in a measure out of accord with the penal goals of retribution and deterrence, for fines are a source of revenue, while other forms of punishment cost a state money.” The court concluded the protection is both fundamental and deeply rooted in this Nation’s history. The State argued that the clause does not apply to civil in rem forfeiture proceedings. However, in Austin v. United States (1993) 509 U. S. 602, the court held that civil in rem forfeiture proceedings fall within the clause’s protection when they are at least partially punitive, as here. Moreover, in considering whether the Fourteenth Amendment incorporates a protection contained in the Bill of Rights, the court only asks whether the right guaranteed—not each and every particular application of that right—is fundamental or deeply rooted. [Editor’s Note: Justice Ginsburg delivered the opinion of the Court, joined by Chief Justice Roberts, and Justices Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh. Justice Gorsuch also filed a concurring opinion. Justice Thomas filed an opinion concurring in the judgment.]

The full opinion is available on the court’s website here:

Does anyone have a complied list of all the recent cases (state and federal) that found the registry as punishment? Sorry, but I’m bogged down in my Masters of Engineering coursework and could use a helpful hint for future efforts.

I’m absolutely in your corner in the tax fight against the regime. The details and the squirming and lying on the other side make me laugh. Also, a big hats off to you for being the Doe in Doe v. Shurtleff. As a complete side question, what made you pick a legal team out of Atlanta for that case?

@CR, You’re welcome, and I’m no lawyer, but it sounds like you’ve got a suit yourself. The state is reneging on the conditions of your plea agreement. That is the equivalent of violating a contract. That is very similar to this case.

“Drone Reportedly Follows Boys Walking Home From School”

Okay, this is utterly new and unique, right?

FAC posted this NPR interview with Ms Auckerman. She’s a good spokesperson but I wish she and anyone else in such a position would use one phrase again and again: “These are people who have FINISHED serving their sentences. Registration is beyond punishment.” It’s still unclear I bet to 99% of people that being on the registry doesn’t equal being on supervision. Most people think that. Few of them can differentiate between “police” registering people and “parole/probation” supervising people.

Another week of zero (published) progress at the 10th with Rankin (checked at 8:01PM PT, 8/31/19). IDK the definition of “soon” for the person who claimed a result was coming soon and to our disliking, but to me more than two weeks isn’t “soon.”

It’s pretty sad when sluggish SCOTUS outpaces a CCoA on decisions.