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
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They will always argue the intended purpose of these registration laws is to protect the public from sex offenders, but what the laws intentions are and what actually applies are world’s apart. We see new laws added all the time which can easily be considered punishment. We know there in no guaranteed protection with such laws and the need for them is moot at best, yet law makers excuses will always be worded as thus. Intentions and actual effects are more often than not, world’s apart.
I’m disappointed but not surprised.
They don’t consider residency restrictions as restraint.
That state doesn’t have the brightest people huh? I mean how dumb of a human being do you have to be to think that residency restrictions for people isn’t a restraint on their freedoms.
They need to get this case in front of people with some practicality in their brains.
I believe in other more civilized countries, this type of ridiculous reasoning wouldn’t work.
Hey Joe123 seems like it’s not just that state but ALL states! The fact is that Black Lives might Matter but ours sure the f^ck don’t!
Society will bend over backwards for some vandals and looters and actually reward them but do your 20 years on this repugnant hit list and what do you get? Any of those reparations for the abuse we face daily – no – didn’t think so!
Nope the entire USA isn’t very bright are they and they are only getting dumber!
I missed the residency restrictions part of the ruling. That I blame the 10th Circuit more for.
SCOTUS has never ruled on whether or not residency restrictions are punishment. IIRC, part of the Smith v Doe ruling explicitly said that sex offender registration is not akin to banishment. At least at the time of the case, Alaska didn’t have any sex offender residency restrictions.
So. It’s not punishment because the intent was not punishment. They are saying that the remainder of my life is based upon an assumption that the intent of those who wrote the laws.
I was looking into moving out of state, going to Indiana. Called spoke to someone at sheriff there. No better, a little worse some, a little better others. Why bother at this point.
So all this together and I’m having a bad mental health day, I hope you all are well and safe.
Once again, the registry is not deemed to violate the 8th Amendment as punishment due to legislative intent. Such bullsh@it.
I will assume that this will be appealed now to SCOTUS.