Legal Update: Response to Defendant’s MTD Filed in Ex Post Facto Plus Case
Attorneys for the plaintiffs in the Ex Post Facto Plus case, yesterday filed a response to the State’s Motion to Dismiss.
You can (and should) read the response here: Does v. Swearingen – Response to Mot to Dismiss 01302020
As usual, Val Jonas and Todd Scher have done an amazing job on behalf of the Does and the entire registrant population.
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UPDATE?? Is there any news on this case??
Oral arguments took place last week, no word yet. There have been several updated posted subsequent to this one.
Wow that was a great read I have a 96 case and I had no idea I was going to be a registered sex offender I knew nothing about sexual offenses so yes I took the deal 15 versus 2 years 5 years probation I was scared not knowing took public defenders word . But yes great read, hope that the courts stop playing politics with people lives to much money 💰 involved in the courts hate to say that but money rules over justice and common sense
Well-written, well-argued. Well worth reading! A pleasure to read if you like good legal arguments.
Jacob
You are correct . I just didn’t phrase it right, I believe it was a similar case from another state last year that they refused to take up.
I do think SCOTUS will take this up several year’s from now in the event of a circuit split— say, between our circuit, in this case, the 6th, and the 10th. Nine state supreme courts already have ruled in our favor on one of the legal issues raised here.
But an even better scenario would be for SCOTUS to deny cert if applied for by the STATE, in the event THEY don’t get what they want here.
For now, I’m just waiting for this Federal district judge to conclude, this filing is just far too compelling to justify simply dismissing with prejudice.
Let’s all pray that this gets traction and that God causes it to prevail.
Without God, we have no hope.
Amen.
I agree.
Very compelling
If there is an honest Judge they should have no problem seeing the insanity of the registry . The whole thing needs scraping.
It’s unconscionable that the SCOTUS is refusing to take this up..
DavidM, I support and share you written thoughts.
SCOTUS hasn’t refused anything here. They haven’t even been asked. This is still at district court level.