Lifetime Registration for Florida Sex Offenders Isn’t ‘Custody’
The Eleventh Circuit has ruled that the requirement for lifetime registration is not “custody” for purposes of habeas corpus.
The petitioner claimed that requiring registration and reporting after completing probation for a lewd or lascivious charge is illegal custody.
Full order: Eleventh Circuit Ruling – No. 21-12540 – D.C. Docket No. 217-cv-00396-JLB-NPM
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Florida response https://www.supremecourt.gov/DocketPDF/23/23-107/285789/20231023120751323_23-107%20-%20Clements%20v.%20Florida%20et%20al.%20-%20BIO%20for%20filing.pdf
Now that both side’s briefs are in, will FAC summit a paper to the Supreme Court as to why they should hear this case?
Any word on when this is slated for conference? And if I can ask how would this effect our day to day?
Looking at this page https://www.scotusblog.com/ and scrolling down to the bottom of the page the last conference for the year is slated for this Friday. So I assume but don’t quote me on this that the conference will be held Friday for it, otherwise we have to wait awhile.
As for how will this effect our daily life I have no idea. It seems more people should be aware about this since it’s at the cusp of the Supreme Court potentially hearing it.
Ok I was wrong after looking at this rule or guide under Article 5 https://www.supremecourt.gov/casehand/Guidance-on-Scheduling-2023.pdf
So it was supposed to go to Conference awhile ago and the state has ask for and received an extension which they now just summited the paperwork (lies). So now the clock starts and according to this page https://www.supremecourt.gov/casedistribution/casedistributionschedule2023.pdf
If it was summited on the 24th and they wait the customary 2 weeks then looking at he filled IPF (which is indigent) vs paid so that now makes it November 9th distribution schedule with December 1 being the conference.
Again I could be wrong but just my semi-research opinion.
IT IS NOT OVER YET! An Attorney has signed on for rehearing en banc asking for the Court to consider the residency restrictions.
Do you have a link? Or know what lawyer, hopefully with a lawyer he can show exclusion zones that directly tell you where you may or may not live and have a stronger case to present.
How are we NOT “in custody” when being on the registry IS “under sentence of a court!?!” I didn’t put myself on the registry!
Is FAC working with “New Challenger” on this?
There are none so blind as those who will not see.