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National

TN: Win in Tennessee – District Court Denies State’s Motion to Dismiss and Grants Injunction on Ex Post Facto Grounds

[floridaactioncommittee.org –  8/10/20]

A Tennessee Federal District Court last week denied the State’s Motion to Dismiss and ordered an injunction preventing them from enforcing the sex offender registry against an individual whose offense pre-dated the enactment of the ordinance.

The best part of this case was that the court based its opinion on Ex Post Facto grounds!

Read the full article

Link to PDF of the decision [eagle.com]

 

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All this guy did since getting out of prison was try and succeed at bettering himself. And all the state did was slap him down every step of the way.
I’m glad he won, and I hope that this man and his family can finally have a real life.

This is a nice win and reiterates that today’s registry goes far and beyond Smith V Doe (or Alaska’s registry at that time). Here’s a quote about Smith v Doe: “Based on those factors, the Supreme Court concluded that the Alaska registration system was not punitive in character. Among the grounds for its conclusion was that the Alaska law “impose[d] no physical restraint.” Smith, 538 U.S. at 100. ” No physical restraint. That’s called in-person re-registration. Another quote from the article, referencing Smith V Doe: “The court also found that the second factor—affirmative disability and restraint—favored a finding of punitive… Read more »

A PA (state) loss recently and now a TN (Fed District) win…a heavyweight bout going back and forth with too bloodied bodies still standing…

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