The Sixth Circuit Court of Appeals has issued a decision, that if left unchallenged, will require some individuals convicted of a sex offense to continue to register for life even if the state in which he resides no longer does.
“This decision is shocking and could reverse the benefits of every state’s Tiered Registry laws as well as other post conviction relief,” stated ACSOL Executive Director Janice Bellucci. “The Court has literally ruled that once a sex offender, always a sex offender.”
The petitioner in this case, Mr. Willman, was convicted of a sex offense in the state of Michigan where he served 10 years in prison and then completed parole. He challenged his registration and notification duties under both Michigan state law and federal law. The federal district court ruled against Mr. Willman and therefore he appealed that court’s decision.
In its decision, the 6th Circuit ruled that all “sex offenders”, that is, anyone convicted of a sex offense, is subject to federal SORNA requirements, including registration. The Court specifically ruled that “federal SORNA obligations are independent of state-law sex offender duties.”
The decision went on to determine that the federal SORNA is not cruel and unusual punishment and therefore does not violate the 8th Amendment to the U.S. Constitution because registration is not punishment. The Court also used this rationale to determine that the ex post facto clause of the U.S. Constitution was not violated.
“The combination of this Court decision with the proposed federal regulations is a threat to all registrants and cannot be ignored,” stated Bellucci. “ACSOL and its allies will work together to identify all possible ways to challenge both the Court’s decision and the proposed regulations. In order to be successful, additional resources are required at this time.”
Donations for this purpose can be made either by using the “Donate” button on the front page of the ACSOL website or by mailing donations to ACSOL at 1215 K Street, 17th Floor, Sacramento, CA 95814.
Willman v. US Atty Gen – 6th Cir – Aug 2020
Seems like this just got Teed up to be challenged to the Supreme Court.
Decisions issued by the Sixth Circuit were reversed by the United States Supreme Court 24 out of the 25 times that they were reviewed in the five annual terms starting in October 2008 and ending in June 2013, a higher rate of reversal than for any other federal appellate court during that time period
Does this mean Michigan is going to start looking for past registered offenders and make them re-register?
This Country is just **Nuts**
Take that covid stimulus and donate! One less smoke a day! No cheese on that Whopper! Keep that old TV longer! Sacrifice now for a better tomorrow!
This decision is INSANE.
Isn’t this the same Court that issued the Does v. Snyder decision in Michigan?????? Are they on drugs???
One of the sadder aspects of this decision is that the courts will probably try to make it apply to anyone who has already gotten off the Registry. Time for ALL anti-registry groups to unite to get this decision overturned.
So how is or does this effect the current, Does v Snyder , 1 and 2? case. If it effects it at all. We are so close now especially after what Cleland said in a recent email.
What the actual F is happening? Everyone is out with pitchforks now, local police, the feds, the courts. I know it is a distraction tactic, but come on! This is just getting more and more insane literally by the day. Is this a way to get it to the Supreme Court for review now? I mean they have hit a point of saying so much it is not punishment by highlighting HOW it is in in fact punishment.
The opening statement seems a bit misleading, “The Sixth Circuit Court of Appeals has issued a decision, that if left unchallenged, will require anyone convicted of a sex offense to continue registration for life even if the state in which he resides no longer does.”
Say your state offense maps to a SORNA Tier 1 offense. Even if this ruling were allowed to be adopted, the registrant would still be eligible for petitioning off the registry at the end of 15 years. Not ineligible “for life” as stated above, correct? Was the intent to say that if your state gave you an offramp via Tiers, but SORNA put the offense in Tier 3, then you would not be eligible for getting off as your state had provided for?
Any clarification would be appreciated.
This is insane. There isn’t even a way to register federally. There has been some really draconian things happening in the Federal courts lately. These judges must be the alt-right and unqualified Trump appointees. Like the guy who ran the erotic story site for 20 years suddenly arrested by the FBI on indecency charges. I wonder what judge signed that warrant. Trump is going after sex crimes in a big way to appeise the evangelicals who (ironically) came out in a big way for him in 2016 but more so to compensate for his own lengthy history of criminal sexual behavior with women and underage girls.
In the mail tomorrow, I will be mailing a check for as much as I possibly can. Thank you Janice and ACSOL!
They know they cannot force the states to comply without violating the Tenth Amendment; but, they can make you as an individual comply or face imprisonment – as long as the state is willing to accept a SORNA requirement. Some states would have to change their laws to allow this.
Utah uses its own length and frequency requirements for those convicted of Utah Code violations, and the convicting jurisdiction’s length and frequency requirements for “out-of-state” convictions. A simple amendment to also consider SORNA requirements would be all that is needed. However, this would significantly alter the number of people required to register in a state, including those already released by a state registry.
What I foresee here is Michigan AG using this to further delay Does v Snyder during the next hearing. The Michigan Legislature will likely adopt a new law that hinges in-part on SORNA duties, preventing many from escaping the grasp of the Snyder decision.
Also, while this case might be distinguished from Snyder, as it is SORNA and not Michigan SORA, is not Snyder binding precedent? I didn’t think that a panel could overturn the findings of another panel in the same circuit? Snyder made it clear that based on the empirical evidence, there was not a rational relation between the registry and public safety.
To all readers! IMHO the best way you can act now is to DONATE!
In regards to:
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Donations for this purpose can be made either by using the “Donate” button on the front page of the ACSOL website or by mailing donations to ACSOL at 1215 K Street, 17th Floor, Sacramento, CA 95814.
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DONATE RIGHT NOW! Give whatever you can afford, no gift is too small or too big! Just give and give generously. DO IT
This is my own opinion and I do not work for or represnt ASCOL
I guess I’m a little confused. Does this mean Tier 1’s and Tier 2’s under SORNA must register for life?
All of our high hopes for the new (CA) tiered registry, gone in the blink of an eye. I am so sad now. So sad.
wow so if i understand this right, they are going to try to put the people that got off back on also?
Let me note that this greatly distressing news.
The only defense to being beaten on the head as we repeated are…is to live a good life, or as good as possible, be happy, respect yourself and do what you do as well as you can.
My check is also in the mail.
Finally, I will add that eventually a political route will have to be taken…I looked up the number of RSO’s in San Diego County to see if maybe something could be done against Ms. Lorena Fletcher and her upcoming election in the 80th Assembly District….and the number for the entire county was only 1,017…or at least that’s the number I got back…and in her district the number of RSO voters would be far less….and so an election push by me…seemed fruitless.
But as happened in Coalinga and changing the election results….we have to start targeting this kind of stuff…up and down each and every ballot for each and every position.
I find it impossible to believe that 100,000 of us in California, if properly banded together, could not influence elections….and nationally, we are close to 1 million votes…if, our consciousness in these regards was raised.
Good Luck to Everyone….James I
I think I’d like to get off the Registry and leave this country to the politicians at this point. They can have it if they want it so bad.
Hmm. I might be being overly optimistic here, but here’s my question. Based on this quote “Further, we agree with the federal government that the affirmative defense is available to Willman if Michigan does not permit him to register. ” Why would a state permit somebody to register, if the state law doesn’t require them to? Same thing applies to Mr. Barr’s proposed rule making.
33 years ago. Ten years probation. Off 2001 NON ADJUDICATED. I 44 years on the railroad retired regression for life??? Texas Oh yeah only one arrest. One charge.
These Clowns just keep stepping all over each others coat tails , This is so crazy to think we were so close here in Michigan , This is such major highs and very dark and deep lows. Its so hard to believe I’ve been able to endure this crazy life for the last 28 years , It can be so tuff sometime not to loose it . They are going to keep this shit up until people just start snapping. Such a joke how they keep going around each others backs and with sneaky rules, dirty tricks, and how they drag it on and on until they WIN . Sad but true , How and the HELL can they not believe this B.S is not punitive and can be retroactive LIFE sentences. Its so unjust .
This is depressing news.
This is bad law like the 3/5th compromise, Jim Crow laws, and Japanese Internment camps. Using the logic of “as long as we say the purpose is civil, then it will always be civil unless you can prove it 100% it is not civil” is cult like as it has no room for review nor introspection as the threshold is far too high.
Here, I was thinking that with my next annual registration that it could be my last time ever registering. Yet this news is trying to take away my ability to become normal again. I may just try to sue CA myself for denying my ability to pursue and obtain privacy as per the CA Constitution to show that privacy is a lost right and, thus, is punishment under CA Constitution. I don’t know where to begin, but it’s either I do this to make believe I have something to live for or just give up altogether because I’m irredeemable by the state and nation.
Anyhow, I just donated to the cause.
All I can do is pray.
If I understand correctly, the only avenue for the Feds to have jurisdiction at all is because they have deemed crossing the state lines to be “interstate commerce”.
Perhaps the way to attack this, as well as many other Federal over-reaches, is to finally put an end to classifying crossing a state border the same as interstate commerce. If that one piece falls, then the Feds lose jurisdiction over a whole bunch of things.
Of course, if one is truly involved in interstate commerce this wouldn’t help, but how in the world is simply crossing from one state to another commerce?