Bad news out of the 10th Circuit: Millard v. Rankin reversed and remanded.
The order from the 10th Circuit Court of Appeals in Millard v. Rankin was issued today and it’s not good news. The relief offered by the Colorado District Court was reversed.
A copy of the order can be found here, which is being shared without much commentary, as we are just digesting this: Millard-v.-Rankin Opinion
That’s a fact modern day lepers, punishment on a daily basis, why don’t other felons have to register as be publicly shamed
This federal court zoomed in on settled federal court rulings as they always do. This reversal is not surprising to me. The Pharisees cannot see their hypocrisy, no more than a court jester sees the strings attached to him. However, they won’t escape judgment themselves. The court’s reversal decision only reflects the hardness of their heart/resolve.
This is decision is based on ‘INTENT.’ And there is never going to be a legislator who will admit to ‘INTENT’ So, the Appeals court reverses the lower court’s ruling in favor the defendant’s, merely because nowhere in the legislated laws of Congress or the States is printed the word INTENT. What I find very troublesome with SORNA legislations and these courts double talk of no ‘INTENT’ of further punishment, is their DISCLAIMERS following SORNA laws right down to the law enforcement. These disclaimers on all Federal and State SOR’S websites reveal the legislators, before the enactment of SORNA, considered the outcome of public SOR’ registries would most likely give rise to ostracism, reproaching, job loss or unemployment. homelessness, and even VIGILANTE’s targetting those on the registries for harassment, assaults, robberies, and death. Which all the above indeed has happened. So, I believe these disclaimers do show prior knowledge of what can and will happen to those on the registries. If not malicious criminal intent perpetrated by hands vigilantes, at least criminal intent of ‘knowingly enacting laws that would give rise to crimes committed on or toward those Americans on these registries. Their disclaimer goes something like this; We cannot be held criminally or liable for any person who uses the sex offender registry to target those on the SONRA.
If you look for it, in the judgment it is openly confessed that the public can ( and does) punish us and the legislative branch cannot be held responsible because it can only be ‘punitive’ in the court if it is done by the government.
In other words, as long as it is only the public punishing us and our families, and not the government, the courts will not take our side.
I’m not going to blame that much of this on the 10th Circuit to be honest. SCOTUS already ruled that registration isn’t punishment. The 10th Circuit has to follow SCOTUS under stare decisis. And if something isn’t punishment, it can’t be considered cruel and unusual punishment, even for juveniles or minor offenders.
Unfortunately, the way stare decisis works is that bad precedent (such as Smith v Doe) leads to more bad rulings.
So because of the supreme court decision, that’s it. Never going to change, it will always be this way. All we can is sit back and wait until we die. Pray we don’t get old and need to be in a nursing facility, because none will take us. What I great future I have.
Registered and living in Colorado….very disappointed….sad…. not surprised. It was a long time coming and based on what has happened in Michigan when their Legislature was told to get in line, I am not confident it would have mattered.