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
Discover more from Florida Action Committee
Subscribe to get the latest posts sent to your email.
So when is the court date?
Well, this looks like good news, but I’m a tad confused. I thought that Florida action committee inquired as to the claim that you had to register a temporary residence if you left your permanent residence for more than three days? I actually thought it was three or more days and I thought that recently, FDL Lee, or perhaps the attorney general stated that you didn’t have to register if you were gone from your permanent residence more than three days unless you intended to establish a temporary residence wherever you were going. Did I miss something? did the court missed this? Should we expect a claim from the state that this issue is moot because they have already “resolved” this and the 11th circuit has made a factual error in the ruling?
Valid point. The statute says “Three or more days” the eleventh circuit opinion said “More than three days”. Legally it makes no difference because it was still a win. Effectively it’s even better because if the 11th Cir found that “More than three days” were a burden, clearly “three or more days” is even bigger a burden.
This is super as far as it goes …. But then there’s the crippling and long-awaited, and seemingly binding, McGuire decision of two weeks ago…. 🥹🥹
Suspenseful…
Oremus indeed.
Finally Retired
Yes, just spent 30 minutes reading McGuire. The courts basically ruled registries are here to stay and are not punitive in nature, rather regulatory. If this becomes binding law, not telling what new horrors will be added to future “Retroactive” laws.
Yes, Cherokee Jack, all one needs to do is look at Michigan. Wait a decade to finally have the state’s sex offender registry law declared void as unconstitutional, only to have the legislature pass a brand new retroactive law. Sends states the message that they can effectively skirt any federal oversight by just rewriting the rules.
In that case, McGuire is no loss, because the legislature would have done what they wanted either way.
This is AMAZING!!! Thank you FAC most days are pretty dreary but days like this make it worth it. Once you a deep dive can let us know the scenarios that can positively effect us? I’m a layman when it comes to law. Love you guys!!
Awesome!! I will be filing a notice of judicial authority in my case. This helps me immensely as Swearingen has presented the same statute of limitations argument in his motion to dismiss my complaint. Thank You!!
notice of supplemental authority
Congrats FAC Staff, Attorneys and Volunteers!!! I know how hard you have fought for this…Godspeed…