GREAT DECISION: Nassau County (FL) SORR violated Ex Post Facto provisions.
An excellent decision came out of Florida’s Fourth Judicial Circuit (Nassau County) Friday afternoon finding their Sex Offender Residency Restriction (SORR) Unconstitutional as applied to the Defendant (who was charged with violating the County SORR) whose offense date was before the enactment of the SORR.
You can read the decision here: State v Wright – Nassau County SORR Case
The tides are changing!
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In a word. It’s PUNISHMENT>
Does someone have a prevailing case law that provides jury instructive ”intent” in regards to FTR violation? How is it that someone is punitively punished for missing a registration? How does the state prove intent?
FTR is a strict liability crime. There’s no intent required. If you forget or didn’t know it is not a defense.
Seems that shouldn’t be punishable with a criminal statue. Are there other criminal examples of this?
Ok is there a case of jury nullification in a FTR?
FAC is not a law firm, we recommend consulting with an attorney
This was a very long read but I soaked up every word. It was a small ray of sunshine on the otherwise dismal situation most of us find ourselves in. Here is hoping, wishing and praying that more courts will finally put aside their biases and shoot down more of these Ex Post Facto laws as being illegal and punitive.
That is amazing. Not precedent though. It applies to the Nassau County Ruling only, not all counties. It can be utilized in an appeal but it is not controlling. There are 67 counties in Florida and only 20 are chartered. So this decision is a beginning. But looking at the facts in this case and the description of the defendant, Mr. Wright, it is very fitting. This case is FACT INTENSIVE AND HEAVY so that can also be weight AGAINST future defendants whose facts are not synonymous to Mr. Wrights in this case. Ex Post Facto, over 70 years of age, crime committed in an era where the offenses were categorically different, and specific punitive categorization by this Judge (finally). All previous courts have ruled in favor of the “…not punitive but protective” balancing act, which places society’s alleged safety above the defendant’s dignity. Safety has always won…until now…in Nassau County. Keep our fingers crossed that this trend will be contagious.
So others whose offense predates this ordinance will still be subject to it?
Good question. That would be a very small “win” if true.
Recently, I sent a Letter to the Editor for the Tampa Bay Times concerning the Tent City for the homeless during the virus crisis — no registrant need apply. The letter was never printed.
A commentary written by me (concerning the billions of dollars spent every year, in a time when our economy is tanking badly, to maintain the national registry to monitor hundreds of thousands of people who will never commit another sex offense) was edited by two gifted writers in the FAC leadership and sent to the Orlando Sentinel. It was never printed.
This same letter was sent by a FAC member to news outlets throughout the country. We have heard nothing back.
When I have time, I comment on articles. Often I am the only commenter and doubt that anyone even reads my comments. It is a little different for the New York Times and the Washington Post. If I comment there, I am anywhere from the 300th to 500th commentator, so I doubt that anyone notices what I write there.
So I do not presently see how any of my writings do any good.
But what I do know is that lawsuits get results. Some of us have been hurt financially by the shutdown, but some have not. I am ready to start giving again to the non-registrant collateral lawsuit and have it filed by the end of this year. Lawsuits are the only thing some politicians listen to. My check will be in the mail tomorrow. You can also donate at the website. Please donate if you are able to do so. Let’s keep the pressure on Florida.
SarahF,
Thank you!!! You are doing an awesome great job!!! Don’t despair but your letters not being published as your letters I’m sure are still read and educating many!!!
Thank You Again!!!
Tired Old Man
I never thought about it. You are right — someone probably has read my letters to the papers, as well as those from other FAC members. It only takes one person– the right person to read any one of our letters, and when the opportunity presents itself, act on one of them.
SarahF
Never feel as if what you do is insignificant. It very much counts more than you think. I too feel sorry for all that have been forced into homelessness and poverty, but I would like to see this reach much bigger proportions. Pres. Trump does a lot on Twitter. Whether you like him or don’t you have to admit he is now very concerned about the economy and has a good mind in trying to improve it. To save billions would help in any accounts books. Could you Twitter your letter to him , explaining it and hope for the best.
Missouri declared all add on laws to the SOR ex post facto and unconstitutional years ago. So have other states it’s got to go farther than that.
That is a very good idea. The Media Committee will take care of it.
Sarah, do not get discouraged. You are very special and an Angel for our side. I have never met you but prayers of hope, blessings and faith your way. Do not give up and never think you are not making a difference.
Without people like you and others, we would not even have an army to fight with.
Love all you do. * Sends virtual hugs *
Jack
Don’t worry — I have been told that I am a very determined woman. I don’t think it was meant as a compliment, but they were correct in their assessment of me. I have no plans of giving up but really look to lawsuits to do us more good than anything else.
SarahF, I assure you your letters do make a difference. We touch people that we don’t ever even know about. It is not always about Just the legislature person themselves, but their staff. Nor the editor, but their staff and so on. That is how minds are changed. So please know you are making a difference and are a blessing to us all. And I too am going to send in a check for the collateral challenge. Thanks for the reminder.
Thanks for your check, Mp, and your words of wisdom. The mailman just picked up my check.
Sarah, keep up your work. One day the right person will see the truth in what you have to say and things will start to change. Bless you for stepping into the arena. There is no victory sitting in the stands.
Sarah F I am reminded of what I was told by many people who supported me after my incarnation when I was feeling hopeless about everything. All you need is one. Keep writing eventually the right eyes Will see it read it and take it to the next level.
I’m reading this as it is the date of offense that matters, not the date of conviction. Is that correct? I ask because the date of my purported offense of intentional child porn possession predates the date of conviction by nearly three years. 2007 versus 2010 because it took the prosecutors that much time to line up their false evidence (still being disputed and litigated).
Not quite sure what to read into this. As I understand it, the court ruled the county ordinance is ex post facto. So how is the reasoning that the state statute – virtually identical except for the distance – is not ex post facto?
Really looking forward to how the appellate court answers that, assuming it goes to appeal. But on the other hand, I wouldn’t be surprised if someone contacted the county attorney to persuade him NOT to appeal this decision, specifically to avoid a statewide precedent on the issue.
The State Statute is NOT RETROACTIVE
Yes, but the State has essentially given tacit approval to the counties to do thing that the state can not do by their own reckoning
And sucks that localities are allowed to go above and beyond state laws. It even trickles down to cities sometimes seeming to have more power than the state.
What if Florida stated the drinking age was 21 which I believe it is currently. But then a city or county states “Well we want it to be 30 in our district so that is the new law here “. I doubt that would pass muster, however the state looks the other way when S.O laws are made tougher in cities and counties than what the state made.
When it comes to the application of laws, there is nothing united about the United States. We have thousands of fiefdoms run by petty politicians who have the power to turn their opinions…factual or not…into legal obligations.
If they are not careful, another civil war may come before WWIII. A lot of people are getting tired of contradictory laws.
For example, in Florida we can have window tinting. If you cross the line to another state just to visit, you get the choice of a court date or you can scrap it off in front of the officer.
I took the chance and didn’t get pulled over when I went to Georgia but the ticket would have cost more than I paid for the tint.
Two states have part of their states in daylight savings time and a small part of the state doesn’t. How does that even make sense