Yeah my name is Stan I live in Columbus Indiana going through the exact same thing I would love to get with you and talk

I just read Greer v. Buss, 918 N.E.2d 607, 615 (Ind. Ct. App. 2009). The Court DID rule that a part of a registry law was, indeed, a violation of the state’s ex post facto law. It’s nice that the state’s Supreme Court actually referred you to a case that was favorable to you. Unfortunately, another case cited, Lemmon v. Harris, 949 N.E.2d 803, 805 (Ind. 2011) ruled that retroactive enforcement of registry statutes does NOT constitute an ex post facto violation, basically holding that the new requirements are not punishment. Same old crap. Mr. Kirby will likely have to look to the federal courts for help. As I’ve said before, I’d like to see legislators and judges try living on the registry for a year, and then see if it qualifies as punishment or not to them.

Doug – we sincerely appreciate you sharing and we wish you the best. If there is ANY help that FAC can be to your case, please reach out to legal@floridaactioncommittee.org.

I believe a Declaratory Judgement decision would be whether his original obligation to register further obligated him to follow any subsequent new laws which were tied to his original registration requirement.

So as a result of his conviction he was compelled to register. At the time registration didn’t come with many or I suppose any additional obligations other than that he had to register for however long on whatever schedule.

After his conviction, the legislature passed this new law which only limits registered persons, its application is a consequence of being registered.

So Douglas would ask the court to decide if he is obligated to follow a law, which is triggered by his registration, that was not on the books when his registration began.

Think of it as an ex post facto complaint but because it is a collateral consequence not specifically a punishment it’s called Declaratory Judgement, the court will declare if a law that did not exist in the past, which has an apparent impact on the present and future, can be applied retroactively.

That’s the best example I can think of. Just like the registry is “administrative” not “punitive” he can’t seek ex post facto relief from “punishment” but he can ask if a new regulation really can be apied to him.