Does v. Swearingen: Attorneys file Objection to States Second Motion to Dismiss
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.
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
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