Ex Post Facto Plus Case Dismissed
Devastating news in from the Southern District of Florida. Does v. Swearingen (the case we referred to as “Ex Post Facto Plus”) has been dismissed by Judge Kathleen Williams because the plaintiffs are barred by the statute of limitations.
A copy of the order follows.
Does v Swearingen – Final Judgment
We will update as soon as we hear more from the attorneys.
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Statue of limitations? That really sucks. I have a friend who came out recently (about a year I think) and is on probation currently, I think this was his Judge. Is there a page to read about what each of the donation pages are fighting for? I see the donations at the bottom, but no information on what the fight is actually trying to accomplish.
Just wondering, does the statute off limitations apply to someone who has moved out of the state of florida it they petition for removal at the 20 year mark?
This is why these cases need to be thoroughly researched in the pretrial stage. This decision was avoidable. Funds for this effort are quite limited. These funds could have been put to better use.
Judging from the amended complaints, everything was researched and then some. If we’re not using our funds to challenge an unconstitutional law on constitutional grounds, then what better use of funds could there be?
Meanwhile, good ruling by the Federal 9th Circuit:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/09/19-35391.pdf
“Of particular note is that the panel calls into question the continued viability of the 2003 SCOTUS decision, Smith v. Doe,” according to Guy Hamilton-Smith on Twitter.
It is absurd to think any person on the registry time-barred. Compelled registration is every three or six months on Florida. The state laws change nearly every year, creating entirely new “contracts” which we are compelled to accept. Laws and legal proceedings are confusing at times. I appreciate the many legal experts who are driven to see common sense change to these laws that have been proven to only oppress a class of people.
Thank you, FAC and all you supporters out there.
Information Please:
Thank you for donating to this case and supporting this cause. Your support and donations and the support and donations of everyone is important.
The 11th Circuit Court of Appeals is a tough circuit. Senators from the south don’t want the death penalty to be found unconstitutional or inmates to have their death penalty cases overturned. These senators are a solid voting block in the senate and block any federal judges from being appointed in their states that are opposed to the death penalty. These judges have a tendency to be very proprosecutor and very difficult to assert prisoner’s rights in.
If your offense date predates October 15, 1995, you may want to relocate to Michigan and spend your winters in Florida. This will at least get you off of the registry in one state and should buttress your argument to be removed from the Florida registry. If your offense date is between October 15, 1995 and July 1, 2011, your removal from the Michigan registry is most likely mandatory under the various court decisions. Michigan has updated it’s 406 Petition for Removal From the Sex Offender Registry to reflect these changes. You can obtain a copy of the form by googling “Michigan 406 sex offender petition”.
There are some posts here stating that registrants can petition for removal in Florida. And it sounds like some are being successful. This may be a good strategy. Get off of the registry in another state and file a petition for removal in Florida. This actually may be a good issue for a class action lawsuit.
Your frustration is understandable. But a good lawsuit may be born out of your frustration.