Comments on: Appeals Court Issues Scathing Ruling Against Michigan Sex Offender Penalties

By: Mark P

Mark P — Thu, 01 Sep 2016 13:03:59 +0000

Wasn’t the Smith v. Doe decision. A 5-4 along ideological lines? If so, even if it goes to the Supreme Court a tie would make the 6th Circuit’s decision law of the land.

By: mark

mark — Mon, 29 Aug 2016 23:00:46 +0000

Draconian United State Lawmakers. Turning men into ward’s of the State. With unconstitutional Ex-Facto Banishment. Ill sit out the anthem with Kaprenec.

By: fac-admin

fac-admin — Mon, 29 Aug 2016 15:02:26 +0000

In reply to MJ. When we can afford to cover the legal costs.

By: MJ

MJ — Mon, 29 Aug 2016 14:28:23 +0000

This is great. Sooo, when is this kind of action coming to Florida?

By: fac-admin

fac-admin — Mon, 29 Aug 2016 13:47:52 +0000

In reply to RayO. You might want to call in to our Member call Thursday - we will be discussing some legal challenges

By: fac-admin

fac-admin — Mon, 29 Aug 2016 12:09:54 +0000

In reply to RayO.

RayO – you need to keep in mind that the Supreme Court does not agree to hear all cases. The ones that they do not take on stand on the appellate court decision. The Supreme Court only grants Certiorari (an order where a higher court reviews a lower court’s order) in very few cases and when it does, it usually does so because there is an issue that the Supreme Court feels needs to be addressed at a higher level.

Last year they only took on 4 cases from the 6th circuit and reversed 3 of them, so of all the cases decided by the 6th circuit only 3 were kicked, leaving hundreds standing.

Admittedly, the 6th and 9th (more liberal circuits) do have a track record of being overturned more often by the currently conservative supreme court, but it’s certainly not a likelihood at all.

By: RayO

RayO — Mon, 29 Aug 2016 11:58:28 +0000

I am frustrated that Ex Post Facto issues regarding alleged sex crimes are being considered based on the date of conviction for a crime. In many sex offense prosecutions, the conviction happens years after the alleged offense date. Ex Post Facto considerations should be based upon the date of the alleged offense – not when it was finally prosecuted. The date of my alleged offense (I wasn’t convicted) was before 1997, Florida’s SOR enactment date, but my trial wasn’t until 1998.

By: RayO

RayO — Mon, 29 Aug 2016 11:47:01 +0000

Though I’m very happy to hear of this decision, I’m also troubled to learn that, of the 25 times that 6th circuit appeals court decisions have been appealed to SCOTUS during a recent 5 year period, SCOTUS has reversed them 24 of those times. I hope we have a more liberal SCOTUS before an appeal to them is made.