SORNA CA Litigation Update: Both Parties File Notices of Appeal

R H

Source: ACSOL

The Pacific Legal Foundation (PLF) filed a notice of cross-appeal yesterday with the 9th Circuit Court of Appeals.  In its notice, PLF stated its cross-appeal is based upon three issues: First Amendment, Administrative Procedures Act and nondelegation.  The trial court ruled against PLF on those issues.

The federal government previously filed a notice of appeal with the 9th Circuit Court of Appeals.  That notice states the government will appeal the trial court’s issuance of a permanent injunction that protects registrants in California.

An initial briefing schedule for the appeals was set after the federal government filed its notice.  In that schedule, opening briefs are due by September 30.  Due to PLF’s filing, the briefing schedule is expected to be extended.

The lawsuit that is now pending was initially filed in May 2022.  The trial court judge issued a preliminary injunction in the case in January 2023 which protected all registrants residing in California from the SORNA regulations at issue.  The trial court issued its final decision in April 2026, ruling in favor of registrants on one of four issues.  In its final decision, the trial court also issued a permanent injunction that protects all registrants residing in California. 

Related posts

Subscribe
Notify of

If you are feeling extremely depressed and possibly even suicidal, please call or text 988 (suicide hotline) or any loved one who you believe is immediately available. If you feel depressed and in need of a friendly community and unbiased emotional support, you can email Alex and Marty at emotionalsupportgroup@all4consolaws.org

 

We welcome a lively discussion with all view points - keeping in mind...

  1. Submissions must be in English
  2. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  3. Please keep the tone of your comment civil and courteous. This is a public forum.
  4. Swear words should be starred out such as f*k and s*t and a**
  5. Please avoid the use of derogatory labels.  Always use person-first language.
  6. Please stay on topic - both in terms of the organization in general and this post in particular.
  7. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  8. Please take personal conversations off this forum.
  9. We will not publish any comments advocating for violent or any illegal action.
  10. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  11. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  12. Please do not post in all Caps.
  13. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  14. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  15. We will not publish any posts containing any names not mentioned in the original article.
  16. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  17. Please do not solicit funds
  18. No discussions about weapons
  19. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  20. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  21. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  22. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  23. If addressing another commenter, please address them by exactly their full display name, do not modify or abbreviate their name. 
  24. Please check for typos, spelling, punctuation, and grammar errors before submitting.  Comments that have many errors will not be approved. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

1 Comment

A couple of question for Janice or ACSOL.

In the lawsuit, it says those with a 1203.4 and CoR cannot be put back onto the registry. Why is the reasoning behind that? Is the combination of 1203.4 and CoR equivalent to a Governor’s Pardon? And if it is equivalent to a Governor’s Pardon, then will other states acknowledge it to where that individual cannot be put back on any state registry?

For non-registrants petitioning for the CoR, it is often because they are ineligible to get their case dismissed and living with a conviction.

From a Google query on the difference between a CoR and Governor’s Pardon:

A Certificate of Rehabilitation is a court order declaring that a formerly convicted person has been rehabilitated.

A Governor’s Pardon is an official act of executive clemency that forgives the conviction itself and restores certain civil rights.

For a registrant to petition for a CoR, there exists the requirement is to have your case dismissed (1203.4) first to be eligible to petition for the CoR. The Court already granted the conviction to be set aside or changed the plea to not guilty, dismiss the accusation/info against the defendant, and released from all penalties as well as disabilities resulting from the conviction from the petitioning registrant.

Thank you in advance for your response.

0
Reply