HUGE WIN IN MICHIGAN: Judge Invalidates Portions of SORA
Today, A federal district court Judge granted a motion permanently enjoining the enforcement of Michigan’s Sex Offender Registry against the primary class and enforcing the entirety of Michigan’s SORA against registrants whose offenses predate the enactment of 2011 Amendment.
The entire opinion can be read below and we’ve not had a chance to digest it yet, but we can tell you that this is GREAT NEWS and a Huge win for persons required to register in Michigan who have been subjected to registration requirements that were already declared unconstitutional years ago.
Does v. Snyder II – ORDER GRANTING
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it’s not such a big win..it’s a fake ruling. read the bottom. it doesnt take affect for 60 days so legislature can do something worse and just word it different and then the ruling just disappears for the next court challenge and all blinders are back on..any doubts legislators have already devised something three times as devious?
They can’t come back with something worse because the court has already ruled certain requirements unconstitutional.
I’m hopefull if they do legislate a new registry that it’s so benign that noone want to bother with it. If they actually do create a non punitive registry its gotta be far better than what we have now. Oh course I want it gone completely but I’m doubtful of that. I was convicted in 1994 and was a juvenile charged as an adult. I know I’d welcome any relief I could get.
Dear Fac,
If one were to move to MI From Fl after ruling takes affect, whenever it might be, and FL conviction was pre 2011, any idea if you would be considered part of the ex-post facto class or the after 2011 class?
Either way, this is reallly good news.
Pre-2011 crime would place someone in court’s ex post facto class. I’m not aware that it matters where the crime was committed.
Thanks Jacob,
I hope that’s correct. I know some states have rules that make you follow the scheme of whatever state you were convicted in regardless of their own rules
JC
I hate to say it but, would rather be on the registry than go through a Michigan winter. Sounds odd but I have lived all over the U.S and those days of waiting for the school bus in 12 degree weather and the bus never showing up sucked raw, smelly feet.
I guess the summers would be nice though and stay away from Detroit, America’s wasteland and former worst crime and murder center a few years in a row.
On a positive note, during the winter you can walk across the great lakes to Canada, but by time you got there walking, it would be summer again HAHA
I hear ya Cherokee. But having options is always good. MIL lives in MI, btw.
ruled certain requirements unconstitutional.? What certain requirements exactly were ruled unconstitutional?, Please explain in easy to understand words, Thank you.
Riff Raff
That is why I do not understand all these people who make statements like “If I get off Florida registry, I am moving somewhere else”.
Really??? How many times have we seen people move to another state after getting off ONLY to be put back on my the new state. If I get off the Nazi list here, I am staying put. It is like crying for a candy bar and when you finally get it you say ” NO I want ice cream”
Here’s a hoot!
Lead ACLU attorney Miriam Auckermann is holding a special live on-line event this event to announce the ramifications of this ruling to Michigan’s registered (and the rest of us 2nd class folk’es who cain’t use no water fountain).
Guess WHERE she is doing this?????????????????????????????????????????
On ACLU Michigan’s FACEBOOK PAGE!!!!!!!!!!!!!
Also (and this is another HOOT!) the legislature has 60 days to put a band-aid on this mess (with the idea (according to most of Michigan – er, ers) to weed out the Romeo and Juliets among us and throw the rest of us back under the bus while they dust off their collective hands and poo-poo the rest of us … Yes, we who are The “Worst-of-the-Worst”.
This is a F****** Joke!!
Intifada, anyone?
I just read this on ACSOL site…..On Monday, Feb. 17, ACLU Senior Attorney Miriam Aukerman will hold a Facebook live on the ACLU of Michigan Facebook page to update registrants on the implications of today’s ruling.
I am not sure where they are getting this info from, but several people have noted this.
I want to caution everyone, including my fellow registrants here in Michigan, that this order has NOT become effective. If you read the order all the way to the end, you will note that the Judge has given the state until March 13, 2020 to submit a proposal for new legislation that will make Michigan’s registration law Constitutional, and that this order will NOT become effective until 60 days AFTER the Court’s final ruling. In other words, this PROPOSED order is simply a tactic by the Judge to scare the Michigan Legislature into finally acting. It may sound encouraging, but it still leaves the ball in the Legislature’s court. Please inform all Michigan registrants that they still have to obey all of the sex offender registry provisions here in Michigan.
I whole heartedly agree as the court system moves at a snails pace. There was a ruling a few years ago about a man in prison who was not getting the medical attention he needed. After years of back and forth with the attorneys and the D.O.C, the judge finally ruled to release the inmate for medical reason, however, by that time, he had already passed away.
Lawyers on both sides can deploy tactics to prolong a case even past the time of limitations in hope of having a case tossed. That happened here recently with a murder case and no charges were ever brought against anyone so now they may have to let all the suspects go due to a sloppy case handling.
Case in point the lawyers in another state who rushed to file a registry lawsuit recently that may have affected and or harmed our Ex post Facto case.
MI ACLU Statement about today’s ruling
https://www.aclumich.org/en/press-releases/us-district-court-ruling-will-require-michigan-rewrite-sex-offender-registration-law
Thanks for posting that. The article took the air out of my tires. All the judge ruled was not to get rid of registry for anyone, just to remove some restrictions of pre 2011 offenders that had rules added on top of what they already had to abide by.
It is something but if a win, will just go back to what the ex-offenders had to abide by pre 2011 which still sucks. But a step forward anyway. Some on here commenting making it sound like they are throwing out the entire registry for 2011 registered citizens.
It is just saying if the law makers do not comply with some adjustments, then the courts will remove them from the registry all together. I think with that being said it will encourage them to rewrite the law while leaving everyone on the registry, just with a filed down rules list
If only this were in Florida…