In a decision issued August. 13, 2020, the Maine Supreme Judicial Court held that the Sex Offender Registration and Notification Act of 1999 (“SORNA of 1999”) was unconstitutionally applied to a defendant in violation of the Maine and U.S. Constitutions’ ex post facto provisions.
I never thought I’d say it but it really seems like the bush years are just unraveling before my eyes here. It’s all falling apart piece by piece.
Not getting my hopes up. The Maine SC basically ordered the trial court to have a hearing to determine if registration is required. The result of that hearing is a pretty foregone conclusion.
@Dustin
I see your point. I wonder if they do find registration should be required based upon offenses in their law but then they won’t be able to impose it because of the box they are in WRT dates in timelines. Looks like someone did their homework in this challenge and saw the crack in the veneer they could exploit.
@ Dustin: I certainly understand your skepticism. However, the lower court will have to bear in mind that the state’s Supreme Court has ruled that the 1999 SORNA is ex post facto punishment. Therefore, the lower court will have to somehow incorporate that Supreme Court finding into whatever ruling that lower court makes.
As crappy as recent legal news has been, I will gladly celebrate any win we get!! 👏🙂👍
Not necessarily. Many lower courts deliberately make rulings contrary to established law and precedent knowing that the appeals process is a very long and costly process that many can’t afford or have the patience to endure. Plus, appeals courts can basically pick and choose which cases they hear, and many are very discerning regarding anti-registry matters (not to be confused with sex offense cases; they’ll take many of those to whittle away at the few rights registrants still have).