The state of Michigan wants a federal appeals court to take a second look at an opinion on the state’s sex offender registry.
The U.S. Court of Appeals issued an opinion Aug. 25 saying Michigan’s sex offender registry rules cannot be applied retroactively to thousands of sex offenders. The state Attorney General and Solicitor General offices filed a Sept. 8 request with the federal appeals court for a second opinion. Full Article
“Can you please just reverse what you’ve said so we can keep our business going? Pretty please?” lol
Oh Boo Hoo. They don’t like the court’s ruling, so they’re throwing a fit! What a crock of crap!
Hey, can I have a do over? Lol.
I think this is where we need to donate as much as we can to keep this from being reversed. Now ALL states can get involved wit this not just California
No doubt they’re working the back channels to get their way.
Hey 72FLH,
Did you see everyone’s replies? The turn style went into overdrive and pushed a lot of comments to the text link. Anyway, how’d the visit go?
Many probably already head JJ Prescott’s argument as to why the registry is punishment. For those that didn’t… here is his reasoning. Audio interview.
http://nationalrsol.org/blog/tag/jj-prescott/
I just looked it up, the three panel of judges denied the State for a rehearing on the court’s decision. It took them just a week to respond to the petition. I have not seen a filing seeking an en blanc hearing yet of the full sixth circuit.
The original 03 decision was based on bad information, and since that time the laws have morphed into extremely punitive. I hope that if this case does get a hearing that all of our resources are brought to bear to help the plaintiffs in Michigan. While the states can claim that the laws are only regulatory, it would be hard for anyone now to link them to be as simple as a Price Club membership. The de facto effects of the registry are extremely punitive.
So now that there is a precedent, can we can take California back to court for such laws like Megan’s Law website?
Status of case as of today.
State motioned for reconsideration of its opinion (9/08/16), but was denied (9/15/16).
State motioned for stay of mandate while it appeals to the US Supreme Court (922/16), court granted before John Does answered (9/28/16).
John Does motioned for reconsideration of stay so that they may file in opposition to stay (9/29/16), court granted and removed stay (10/04/16).
State submitted a reply (10/04/16).
Right now, the court has not placed its order and opinion on hold while the state appeals to the supreme court. I presume the issue to stay its decision until the appeal to the State appeals to the supreme court will be settled sometime this week.
In my opinion inflicting more punishment on those who were already on the registry before the 2006 laws were passed, let alone the 2011 laws, basically amounts to Double Jeopardy. You can’t come back years later, and punish someone for the same crime twice. So basically attorneys can argue Double Jeopardy, violation of Due Process, or violation of the Ex Post Facto clause. And what many don’t realize, it’s not the sex offenders that are constantly reoffending, it’s those with drug charges, check fraud, and the such. Sure, there are some that are just plain sick, and don’t care. But those are few and far between.
Our future is in Justice Kagan’s hands! Maybe she will decline to issue a stay even before Trump gets his new judge. Or, if not, the case will be accepted for review by the Supreme Court, and we will get a new hearing on the legitimacy of registration.
LANSING, Mich. (AP) – (11/14/16) – Michigan is asking the U.S. Supreme Court to halt a lower court decision that found the state unconstitutionally put additional restrictions on registered sex offenders long after their convictions. In an emergency appeal, the state says it shouldn’t be forced to change sex offender registration and enforcement protocols without a full review by the high court. In August, the 6th U.S. Circuit Court of Appeals said changes to Michigan law in 2006 and 2011, which include restricting sex offenders’ movements near schools, penalize offenders as “moral lepers” and can’t be retroactive.
The appeals court denied Michigan’s request to block the decision during appeal, and Attorney General Bill Schuette now wants the Supreme Court to issue a stay. The high court said Monday the request was referred to Justice Elena Kagan.