Comments on: UPDATED: 9th Circuit rules in favor of registrants in Ex Post Facto clase.

By: michael w

michael w — Mon, 13 Jun 2022 11:08:49 +0000

In reply to Detroit. I'm sure that everyone already knows that the lawyer behind the Alaska case is not going to want to admit he used false data and reverse a case that more than likely got him his seat on the highest court in the land, never-mind the fact that every case that cites Smith v. Alaska he must (I assume) recuse himself places that much more of a burden on said case because a tie is still a potential lose.

By: Jacob

Jacob — Tue, 15 Dec 2020 21:25:35 +0000

Puzzled by the disparaging comments here.

Another Federal circuit has faced the question of whether the registry is punishment. And they have ruled that, in fact, it is.

That’s good. You want that. You don’t want them, when faced with this question, to rule that it’s NOT punishment. We already have enough of that.

By: DavidM

DavidM — Tue, 15 Dec 2020 15:41:31 +0000

In reply to JZ. JZ I read the same post , that’s exactly what I got out of it .

By: JZ

JZ — Tue, 15 Dec 2020 14:46:20 +0000

In reply to Detroit.

@Detroit,

Well, I doubt I will live long enough to see the glacially paced shift you refer to and get off the registry. According to NARSOL analysis:

“This case will be returned to the district court for further proceedings, which may include a trial on the remaining issues. Due to the volume of litigants and complexity of all the issues, this case is likely to drag out for years.”

Justice delayed IS justice denied!

By: Detroit

Detroit — Mon, 14 Dec 2020 23:44:22 +0000

jz:
You don’t know how the district court will rule on remand. Even if the district court rules against the registrants, I’m sure they will appeal.
You are failing to see the important point in this case which is a shift away from the U.S. Supreme Court’s decisions in Smith and Alaska. More than 50 million people live in the 9th Circuit, so this is a huge victory. And this victory has the potential to affect Florida and other states in other circuits. Only time will tell how far this will go, but it is undeniable that this is a huge shift in the largest circuit.

By: JZ

JZ — Mon, 14 Dec 2020 21:08:15 +0000

In reply to Detroit. @Detroit, So the case goes back to the district court for them to hear (deny) it. I still don't see a victory.

By: Detroit

Detroit — Sun, 13 Dec 2020 22:59:28 +0000

jz:
This is a huge victory. Even though not as sweeping as the 6th Circuit, this is an incredible shift in the 9th. This has swept way a lot of bad law in the 9th Circuit.

Just tired and ditto:
This affects Florida in a big way. As more circuits see the light, this places pressure on the 11th Circuit. Even if this doesn’t sway the 11th Circuit, it could cause a circuit split forcing the Supreme Court to decide the issue.
Even though Florida isn’t in the 9th Circuit, you can cite this as persuasive authority in any Florida court or one of the federal courts in Florida.
This is a point that it is difficult to get registrants and their families to understand. The best way to get off of the registry is to support successful efforts in other states. By getting bad decisions in your own state, you are not only spinning your wheels, but are making it more difficult to get off of the registry in your state.

By: JZ

JZ — Sun, 13 Dec 2020 16:11:00 +0000

So, not a victory?

By: Detroit

Detroit — Sat, 12 Dec 2020 20:08:10 +0000

Jim:
Interesting point. There is some case law to support monetary damages.

#reparationsforregistrants

By: Detroit

Detroit — Sat, 12 Dec 2020 20:05:37 +0000

I’m waiting to see Janice Belluci sink her teeth into this. Legal research is incredibly time consuming and expensive and Janice Belluci is only one person.
Registrants who sit and complain and do nothing are absolute idiots and deserve to be on the registry. Now is the time for registrants to give generously to ACSOL. Even if registrants don’t have money, they can help out by doing legal research.
Even though this decision affects a single circuit directly, it affects every circuit and every registrant indirectly. The quickest way for someone to get off of the registry in Florida, Ohio or New York is to donate to ACSOL.

THE TIDE IS TURNING!!!