Attorneys for the Doe Plaintiffs in what we are referring to as the “Ex Post Facto Plus” challenge have filed their objection to the Florida Department of Law Enforcement’s Motion to Dismiss the Amended Complaint.
A copy of their objection can be read here: Does v Swearingen – Second Objection to MTD
As usual, the attorneys have done an exceptional job and we are fortunate to have them representing our cause.
Where can I read the States MTD in this case?
It’s available on Pacer
Can you join Pacer without being an Attorney?
Yes, you certainly can. https://pacer.psc.uscourts.gov/pscof/regWizard.jsf
Do you know what file number the states MTD is?
What do you mean by “File Number” Case Number? Docket entry?
Sorry, Docket Entry
It’s 71
i think we should show up in person at the hearing if one is so granted with family members, etc… let the judge see the many faces old middle-aged and young these laws have a direct correlation to
What do you think of a planned MASS protest on the Florida state capitol with all offenders and their families showing just how many peoples lives area affected by these registries? I am sure there are people who would not come due to knowing the news would show up and show everyone’s faces but something different has to be done. I just got through reading tons of stories and some say they cannot apply registries to people whose offenses were before registries existed because since you can get arrested for not registering it IS a punitive law. Other articles said the U.S supreme court ruled the registries are legal and for us to shut up and comply. It is enough for someone to just give up, if it were not for my family I think I would just unregister, get on a plane and leave the country for good.
CJ, you can’t even do that. If you “unregister” Federal Marshals will knock down your/your family’s door and drag you to jail or you will be apprehended at the airport. If you make it on the flight, “Angel Watch” will notify the country you are going to and most of them will apprehend/turn you around at their point of entry.
The government doesn’t want us to have a place to live or have a job, but won’t let us leave the country either. Fu¢king sad.
That is why I shredded my passport. I use to save up and each year go to a different country for 10 days just to feel some freedom once a year. Now they make you jump through hoops just to do so, there is a good chance you will get turned around where you are visiting and returning is a nightmare. I would always miss my connecting flight at the TSA fools thought it was funny to mess with me and go through my luggage for 2 to 3 hours. Then YOU have to pay to rebook as the airline states it was not their fault you got stopped. We are in prison in our homes, our own city, our own county. I use to pick up my Girl friend at UCF and can’t do that anymore as the officers use license plate readers now and as soon as you cross their property, even for a good reason, you get stopped and told to leave or be arrested. Welcome to Nazi camp USA. I have read stories of two different offenders. One was so fed up he made them take him back to prison because he always lived in fear of going back. The other took his own life due to harassment from neighbors and law enforcement. I have been randomly pulled over numerous times for no reason other than they ran my tag and thought they would have some fun with me. I use to work in law enforcement so when I learn they are just harassing me I immediately demand a Watch Commander to respond to the scene and explain why I am being harassed for no reason. When I use to work, I had someone come into my place of work and tape up flyers all over the store. Even though they knew when they hired me, that was the straw that broke the camels back and I was let go. Of course the reason given was being late returning from lunch lol Wow
I save up all year to go to mexico to pay a visit, ” virgen Guadalupe” it was nightmare at the airport, they mess with me send to isolation for 3 to 4 hrs. the finally desire to send me back, i ask for my companion, that was the hard decision, send her back with no criminal record, so there goes a 4 hrs. more, not mention returning home, tsa, thought it was fun,they want to find something wrong.
after 30 years of wrestling with the legal system, harassment,
Almicar, sorry you ( And all of us ) have to go through this. For us, there is no such thing as serving your time, moving on and rebuilding out lives because the system and the people who rule it do not want us to succeed. A few years ago they tried to re-call all registered offenders to life in prison and almost succeeded if not for some awesome attorneys who made the courts see the er of their ways. Many People hate for us to do good and build a life again. They desire for us to be sent to the electric chair. Every time I have had a casual encounter with law enforcement they are professional until they run my ID then all of a sudden they start looking for a reason to be able to detain you or worse. Even though I use to work in law enforcement, I get nervous every time I drive and a patrol car gets behind me. I will turn onto a street that is not my destination just to get them to pass by. With the license plate readers now days, all it takes is for one corrupt cop looking for someone to make an example of and it is your word against theirs.
Good luck getting out of the country.
Passports are flagged. Facial recognition is used.
You wouldn’t make it on the outbound flight. Think boat if you want to leave. No extradition country too.
Otherwise your coming back to felony charges.
Scond Motion! A Good Lawer would be pissed off!
Can someone tell us what the next step going to be please?
we wait for a ruling on the motion to dismiss.
Sounds great. Usually about 3 to 6 months? Or sooner?
There is no time frame
Ugh, the wheels of Justice surely turn slow unless of course they are pursuing you. Then we shall do what we must until the day. Comes that we prevail. Hoping the McGuire case is ruled upon soon.
Why not promote a NARSOL event where we can all chip in whatever each of us fees they can afford to hire a “Rock star” team of lawyers-including those of course fighting for us now, but with a million of us all across the country, we ought to be able to afford a “Dershowitz,” or somebody with the same reputation. Some kind of team where the 11th circuit court of appeals will actually hold a Hearing where common sense can be argued successfully, and these 17th century “court-of-King’s bench” types of justices will understand we are going all the way with these types of issues.
Seriously? We can’t chip in enough to fund legal challenges.
The state will drag this out for years with motions, amendments, and appeals, and the courts will let them. Many of us will be dead, or will have reached the 20/25 year petition for removal before (if) there’s any relief.
If the millionaires among us will fund the out-of-state challenge, I will spend my last years in one of the many less restrictive states.
I agree, I am watching my parents get older and older and if they passed away and I got re-locked up for not registering that I have a new mole on my butt cheek , the state would get my house and all my valuables and I would have no one to visit me. Funny also a violation of a simple mistake of registry calls for life in prison and yet many of had charges that held for no more than few years in prison. So they are saying that actually committing a crime against someone is less important than overlooking that my vehicle is blue and not purple? These judges know these laws are illegal but they do not have any more sympathy for us than the prosecutors do and sometimes wonder if they are on their side, put too much personal feelings into decisions or are afraid they will be voted off the bench if they do the right thing for us? Luckily when I went on a 10 year journey of appeal my lawyer went judge shopping and it worked in theory. I won but after I had already completed most of my sentence so really was a waste of time and money. I got 4 years knocked off a 30 year sentence which was deemed an illegal sentence. Since it was only a sentencing appeals judge he could not undo any of my false charges since statue of limitations ran out ( How convenient )
I would love to know whether the plaintiff attorneys in this case have been forced to file this brief without a hearing, or whether one is scheduled. I personally have found the 11th circuit court of appeals to be singularly dismissive of well written and documented briefs filed by lawyers who do not have “Rock star” status in the legal profession.
They have requested a hearing.
My lawyer, acquired from the 11th Circuit appeals court as my defender, did a masterful job of appealing my denial in the district court with two briefs in answer to the prosecution’s rebuttal of my own first filed appeal to get off or have modified my lifetime supervised release status. She blew their briefs away I thought, but it was denied outright without them even reading either-or so it seemed to me. And no hearing was granted.
I am only on p. 3 & already it is absolutely withering. Defendants seem desperate, foolish, dishonest, while FAC lawyers seem all-knowing. I can almost hear the judge chuckling to him/herself. GREAT JOB!!!
Also, regarding the “sex offender sandwich board,” let’s not give them any ideas, now.
Thank you for fighting for me!!!!! I still being punished for 30+ yr crime
I still think we could win by showing they are singling out a class / group of people as no other kinds of ex offenders have to be on any kind of registry. I want to know if the neighbor is a drug king pin and the other neighbor killed his entire family twice . Hey that lady who scams old people out of millions of dollars and keeps getting released to only do it again. Why isn’t she on a registry so we can protest at her house and hang flyers about her. That my friends is something a judge could not explain away.
Also , don’t forget S/Os are the only group, we have to check requirements where they live and anywhere they go. You can go away to another city for a day and have to check what their rules are and where their thigs are located, No other group has to do that either
I got turned away from a shelter during Hurricane Irma so I had to sit in my house for 11 days with no food, no electric and no water. The other option that was offered was to turn yourself into the county jail. I would rather live under a log that ever step back into a jail .
This is exactly what I keep saying. In my county, drug offenses, even those selling to minors/children, get probation or 69 days in county, go back out, get a gun, recycle..over and over. I spent 115 days in county waiting for sentencing and I saw some serious drug offenders come, get released, come back, released, back again…and so on. In that short (which felt like a lifetime) period of time. I’ve also seen an increased number of 1-released murderers killing again. And murderers getting sentenced of only a decade or two. Specifically a story of an older man in 2017 that killed his younger roommate for denying a sexual advance. He stabbed her multiple times. The kicker, he had spent time in prison for murder….twice. But when I, and so many others, had consensual ‘relations’ or peed in public, we are never free again…to live, work, or travel. How’s this??
Please keep the discussion on topic