Listen: Oral Arguments in 6th Circuit Sex Offender Arguments
Yesterday Oral Argument was heard in three related cases. You can listen to the arguments. In 1 the Defendants appeal the judgment in this class action challenging the constitutionality of Michigan’s Sex Offender Registration Act. In 2 Plaintiffs appeal the judgment in their action challenging the constitutionality of Michigan’s Sex Offender Registration Act.
We invite you to listen and share your opinion on how it went.
Click to Listen – 1
Click to Listen – 2
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I think there are strong arguments for us here in both hearings.
If in hearing #2, in-person registration is judged a violation of habeas corpus, this would be a landmark case across United States and that sorna is not a constitunionally covered aspect concerning in-person registration-we have to be somewhere, at a certain time, or else be prosecuted if we are not there in a situation not covered by the Constitution, regardless that it is a so-called civil regulatory scheme.
Civil regulatory schemes are not supposed to be punitive, but this is, and I think that would have been a good argument as well.
On this I would agree. I thought i read a while back about a Habeas case about whether or not SORNA places us “In Custody”
Second one was better for us in that the one Justice mentioned stop and Frisk as well was as the whole scheme being a form of Seizure. We will see, but not holding my breath. Until SCOTUS says, SORA, SORNA can not be applied retroactively. We are stuck.
Almost done with the first recording. Ouch not good for us. If SORA is expost Facto, so is SORNA. The reason why states can make it retroactive is because the Attorney General said you could back in 2005. That is when the flood gates opened up. In My opinion so far I think the court rules for the State. Sad to say.
the 2nd hearing, i think we are detained and every year they pile on more n more bs the longer we are detained. also, lawyer told me in my county that there is an issue with the lady doing the registration where she sometimes did not enter all the information provided into the computer system.
Wow even if i do not like going to hernando sheriff office to register 2 times a year by florida law they have a setup where you see pn a monitor everything the officer is entering at the same time they are typing it. Officer will as before any save button to verify and at end of course you sign. This makes accountability on both ends
There is a clause in the statutes we sign, that if the registry clerk errors on the registry, it is grounds for a civil lawsuit.
Where ? Can you site this statue because there been supposed cases where errors on the entry end have happened and they still blame the PFR
Tereto,
Either you mistyped your comment or you are completely incorrect. It’s just the opposite! The Registration Statute contemplates that a government agent might make a clerical error, and it indemnifies such person for their errors “The department…or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section … and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made…” F.S. §943.0435(10)
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