Source: ctmirror.org 9/10/23 Twenty-five years after Connecticut required them to register as “sex offenders” ex post facto, they hope the legislature will soon take action. During counseling programs he’s attended throughout adulthood, Aaron Kearney has been told not to let mistakes define him and not to let the past hijack his future. But for a quarter-century, the 52-year-old has worn a label making it burdensome to live up to those ideals: “registered sex offender.” “The only thing I feel is that I’m just existing. I’m not living,” said Kearney, on…
Read MoreTag: Ex Post Facto
MT: Montana Supreme Court rules in Sexual and Violent Offender Registration Act case
Source: kpax.com 6/15/23 HELENA – A Montana Supreme Court ruling deemed legislative amendments to the 2007 Sexual and Violent Offender Registration Act punitive in nature and in violation of the ex post facto clause of the constitution if applied retroactively to offenses that happened before the amendments. According to a summary of the case of Montana v. Hinman, the ruling “held that numerous legislative amendments to the Act added restraints on registrants that significantly hinder their liberty and privacy.” Read the full article
Read MoreWY: Supreme Court – Sex Offender Must Continue To Register In 1994 Conviction
A man who was required to register as a sex offender because of a change in state law must continue to register even though his conviction occurred more than 25 years ago, Wyoming’s Supreme Court has ruled. … At the time of his conviction, ____ was not required to register as a sex offender because the victim was over 16. However, state law changed in 2007 to require registration by those convicted of third-degree sexual assault regardless of the age of the victim. … However, justices said ____ did not…
Read MoreTN: Federal judge rules sex offender law punishes retroactively
[fox17.com – 4/6/21] NASHVILLE, Tenn. — A federal judge ruled Monday that Tennessee’s sex offender registration act is unconstitutional, at least as it was applied retroactively to two offenders. The ruling in the U.S. District Court for the Middle District of Tennessee affects only the two men who sued, identified in court documents as John Doe #1 and John Doe #2. “I think the ruling, while it is narrowly tailored to our clients, does open the door to the possibility of a class action,” attorney Ed Yarbrough said in an…
Read MoreFL: Motion to Alter or Amend filed in Ex Post Facto Plus Case
[floridaactioncommittee.org 0 12/22/20] As promised, the Ex Post Facto Plus case has not seen the end of the road. Yesterday, attorneys for the Does filed a Motion to Alter or Amend the Order. A copy of the Motion is below, but in lay terms it argues that the very recent 11th Circuit Court Case upon which the court relied should be distinguished from this one and/or the case should proceed as to the current Plaintiff’s obligations under the changes to the registry made within the statute of limitations (4 years…
Read MoreME: Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant
[criminallegalnews.org – 11/15/20] 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. Read the full article
Read MoreRI: Lawmaker hopes to expand Megan’s Law to include crimes that predate it
One local lawmaker is pushing for sexual predators found guilty of crimes decades ago to be treated the same way as those convicted more recently. The push comes after convicted child molester ____ ____ moved to Cranston at the beginning of the month. Since his crime pre-dates Megan’s Law, which led to the creation of the sex offender registry, residents weren’t notified of his arrival or address. Full Article
Read MorePA: Internet dissemination provision of SORNA II violates the federal prohibition against ex post facto laws
Summary from FAC: A Pennsylvania Appeals Court has found that the dissemination of persons who have been convicted of sexual offenses’ information on the internet (Megan’s Law) violates the ex post facto clause of the Constitution for individuals whose offenses pre-date the ordinance. Pennsylvania’s Supreme Court had a prior landmark decision (Commonwealth v. Muniz, 164 A.3d 1189 (Pa.2017)) finding similarly, so this new opinion will not likely be groundbreaking, but it will show that the prior findings are being upheld and people in Pennsylvania DO have relief from the public…
Read MoreMI: ACLU Michigan Attorney Advocates End of Registry; Provides Update on 6th Circuit Decision
In a recent NPR interview, ACLU Michigan attorney Miriam Aukerman stated she believes that sex offender registries should be abolished. In support of that belief, Aukerman stated that registries are ineffective and make society less safe. Aukerman criticized both legislators and law enforcement for the current challenges now facing registrants. Legislators have passed and keep passing new laws because they believe doing so will help them to get re-elected. Law enforcement spends time and money monitoring people convicted of a sex offense when they should be monitoring those who actually…
Read MoreJanice’s Journal: Court Decision an Important Point on Path to Tipping Point
Another court has spoken the truth: registration is punishment. That court is Division III of the Colorado Court of Appeals. The case is People v. In the Interest of T.B. which was decided last week. This is a case that could be overlooked. After all, this court in only one of several courts of appeal in the state of Colorado. And the plaintiff in this case was a juvenile when he was convicted. The reason the case should not be overlooked is that it is an important data point on…
Read MoreCO: Colorado Sex-Offender Registry Takes Another Brutal Hit
Colorado’s sex-offender registry, already under legal siege, just took another hit. On June 20, the Colorado Court of Appeals determined that the lifetime registration requirement for Coloradans found guilty of two or more sex offenses when they were juveniles qualifies as punishment under the Eighth Amendment. The 2-1 decision means that a lower court can now consider whether that rule is unconstitutional — and such a finding would strike another blow against a law-enforcement concept that’s become increasingly controversial. Full Article Decision
Read MoreMI: Lawmakers ordered to revise the Sex Offender Registry Act
A U.S. district court judge is giving Michigan lawmakers 90 days to change the state’s sex offender registry law, almost three years after it was first ruled unconstitutional by federal appeals court. U.S. District Judge Robert H. Cleland issued an order that the law must be changed on Thursday. The ruling stems from an August 2016 decision by the U.S. 6th Circuit Court of Appeals in Cincinnati which found that Michigan’s Sex Offender Registry Act was unconstitutional. Full Article Decision
Read MoreFL: Approves Database to Publish Details of People Who Pay for Sex
The Florida legislature passed legislation within the past week, Senate Bill 540 and House Bill 851, to establish a public database that tracks people convicted of, or who have pleaded guilty to, soliciting paid sex. While the legislation’s bipartisan authors consider it to be a step toward ending human trafficking, critics call it a means to publicly shame clients and others associated with people who do consensual sex work. The Soliciting for Prostitution Public Database will include anyone convicted of or pleading guilty to “soliciting, inducing, enticing, or procuring another…
Read MoreStates Can’t Make Up New Laws to Punish Old Conduct Just Because They Call Them “Civil”
Article I, Section 10 of the Constitution provides that “[n]o State shall … pass any … Ex Post Facto law.” The Ex Post Facto Clause was incorporated into the Constitution to prohibit states from enacting retrospective legislation, which the Framers believed to be inherently unfair and contrary to the principles of limited, constitutional government. Despite the Framers’ clear aversion to retrospective lawmaking, the Supreme Court has since adopted the view that states are uninhibited from enacting retroactive civil penalties. So long as a retrospective law contains a discernable legislative purpose…
Read MoreFL: Ex Post Facto Lawsuit Filed (FAC)
A lawsuit was filed in Federal Court challenging the Florida Sex Offender registry. The suit is a facial challenge, filed on behalf of persons required to register in the State of Florida. It argues that the registry violates the Ex Post Facto clause of the constitution, constitutes Cruel and Unusual Punishment, violates Procedural Due Process, violates Substantive Due Process, is unconstitutionally Vague, has no rational relationship to its purpose and asks the Court to permanently restrain and enjoin the FDLE from enforcing the registration statute. More from Florida Action Committee
Read MoreTX: Texas Supreme Court to hear sex offender law challenge
The Texas Supreme Court will consider a challenge to the state’s retroactive sex offender laws that some say unfairly stack new punishments on those convicted in plea deals. Full Article Related TX: For some sex offenders, their deal with the state wasn’t really a deal
Read MoreNV: Nevada to embark on new sex offender registry system, but critics say it’s overly harsh
Las Vegas attorney Alina Shell represents sex offenders, and she said it’s been an emotional time in recent weeks among clients calling her office. Starting Oct. 1, Nevada will be implementing its version of the federal Adam Walsh Act, a law that significantly changes the way the state classifies its more than 7,200 sex offenders. Rather than categorizing them according to their projected risk of reoffending, they’ll be categorized according to the original crime they were convicted of — a process that will reshuffle thousands of them and lead to…
Read MoreNV: New bill may create longer waits at Las Vegas police headquarters
Days before a Nevada bill changing the sex offender registry goes into effect, the Metropolitan Police Department suggested ways to avoid anticipated large crowds at Las Vegas police headquarters. People who need to file or request police reports may do so at any of Metro’s 10 substations, said Lisa Hank, director of Metro’s Police Records and Fingerprint Bureau. That way people can avoid crowds and longer wait times potentially caused by Assembly Bill 579, which takes effect on Oct. 1. The bill requires sex offenders to report to police and…
Read More