UPDATED: 9th Circuit rules in favor of registrants in Ex Post Facto clase.
CORRECTION: The 9th Circuit reversed a lower court’s dismissal on ex post facto grounds. In essence, they are telling the district court they were wrong in dismissing the case and it has been remanded.
From the opinion, “Appellants, 134 men and women registered as sex offenders in Idaho, claim that the retroactive application of Idaho’s Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code § 18-8301, et seq. (“SORA”) is unconstitutional. According to the First Amended Complaint, a series of amendments to SORA have heightened registrants’ registration and notification obligations and imposed direct restrictions on registrants’ movement, housing, and employment. Further, all amendments to SORA have been applied retroactively to all Idaho sex offender registrants. Appellants argue that these retroactively imposed provisions are unconstitutional, in part because they violate the Ex Post Facto Clause and the Free Exercise Clause. The district court granted Appellees’ motions to dismiss, dismissing all of Appellants’ claims. Because we find the district court erred in dismissing the ex post facto and free exercise claims, we reverse in part. Additionally, because the district court predicated its dismissal of the Eighth Amendment and double jeopardy claims on its dismissal of the ex post facto claim,we hold that those judgments were also in error, though we reserve judgment on the merits of those claims.”
Read the full opinion here: https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/09/19-35391.pdf
The following districts are in the 9th Circuit:
- Alaska
- Arizona
- Central District of California
- Eastern District of California
- Northern District of California
- Southern District of California
- Guam
- Hawaii
- Idaho
- Montana
- Nevada
- Northern Mariana Islands
- Oregon
- Eastern District of Washington
- Western District of Washington
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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.
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.
@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!
JZ
I read the same post , that’s exactly what I got out of it .
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.
@Detroit,
So the case goes back to the district court for them to hear (deny) it. I still don’t see a victory.
So, not a victory?
Jim:
Interesting point. There is some case law to support monetary damages.
#reparationsforregistrants