A WIN!!! Does v Swearingen (EPF I)
The Eleventh Circuit Court of Appeals just came out with their opinion in Does v. Swearingen (Ex Post Facto I) and IT’S A WINNER! The case is getting sent back to the District Court and the Plaintiffs will have their day in court.
I am sharing the opinion below for your reading pleasure, without having the opportunity to read through and digest it myself.
Trust that a deep dive and further celebration will come shortly!
EXTRA SPECIAL THANKS to the amazing lawyers who are litigating this case!
Does v Swearingen – 11th Circuit Opinion
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-Was there ever an expo facto case filed in Florida from an offender whose conviction or plead with adjudication withheld was before 1993 in Florida, when no registration of any kind existed. Then, if the case was still active in the system on Oct 01, 1997 was obligated and threatened with jail time if it not registered ?
https://www.registrymatters.co/podcast/rm244-doe-vs-swearingen-a-victory-in-florida/
Podcast about the case worth listening to.
Also new timeline for the trial has been updated https://www.pacermonitor.com/public/case/38167792/doe_v_SWEARINGEN
FAC, where is the “deep dive” you spoke of?
Coming shortly
I love the summary written by the Institute for Justice on the 11th Circuit win in this week’s Short Circuit blog.
“Over the last 25 years, Florida has repeatedly amended its sex-offender-registry law to require more information, more frequent updates, and more in-person meetings. The most recent amendments, from 2018, require registrants to report any absence from their permanent residence, for any reason, that lasts more than three days. And any failure to comply with the registry is a third-degree felony. Seven registrants, all of whom committed their crimes more than 25 years ago, sue. Eleventh Circuit: And most of their claims can go forward; because the registration requirements inflict an ongoing injury, they are not barred by the statute of limitations.”
Bio
Love how they can throw in all these “Statue of limitations” but then make certain exceptions and people suing saying 65 years ago someone touched their leg and made them feel uncomfortable. No I am not downplaying people’s pain, but just don’t understand the “pick and choose” attitude of the courts when it comes to registered citizens.