Comments on: NC Court says NO to Retroactive Lifetime GPS

By: Nancy Parker

Nancy Parker — Sat, 26 May 2018 02:05:58 +0000

good news

By: Alex

Alex — Wed, 23 May 2018 16:07:59 +0000

“ Nothing in this world can take the place of persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. ” – Calvin Coolidge

Never say die, never give up. Great outcome for the defendant.

By: Gerald

Gerald — Wed, 23 May 2018 04:12:47 +0000

I was paroled from prison in Michigan in late 2015. The MDOC had established a practice of reviewing inmates’ records to see if they should have been sentenced to lifetime electronic monitoring, but the court failed to order that. They would then notify the sentencing court, and the judge would add on the lifetime monitor, sometimes years after the original sentencing. I helped a couple of guys appeal that, and just last year in People v Comer, the Michigan Supreme Court agreed with my arguments and ruled that the trial court lost jurisdiction when it passed the original sentence. It didn’t have authority to alter or add to that sentence later. The sad thing is that the guys who wrongfully had lifetime monitoring added have to each individually petition their trial court to have that requirement removed. Most guys don’t know how to do that. Most probably aren’t even aware of the new court ruling. It’s the same situation we on the Michigan registry are dealing with in light of the Does v Snyder decision, which the federal Sixth Circuit Court of Appeals ruled that retroactive additions to the registry law are unconstitutional. The state doesn’t want to issue firm written guidelines, because they figure the sex offenders will simply continue to comply with all of the retroactive rules, even though legally they are no longer under them.

By: Joe123

Joe123 — Tue, 22 May 2018 23:26:25 +0000

In reply to Florida Lists You For Life For Peeing In A Park. "Sadly it appears that in Florida most people are FINE with that just as long as it effects others and doesn’t effect them." This is not restricted to Florida. Unfortunately, it's the US culture as a whole. How can you have a sense of unity when there is division between people on every turn?

By: Florida Lists You For Life For Peeing In A Park

Florida Lists You For Life For Peeing In A Park — Tue, 22 May 2018 21:19:29 +0000

Unfortunately reason and logic are not highly valued in Florida the land of Mickey mouse and make believe.

Sadly it appears that in Florida most people are FINE with that just as long as it effects others and doesn’t effect them.

By: Florida Action Committee

Florida Action Committee — Tue, 22 May 2018 18:24:43 +0000

In reply to Nicholas Maietta. State It's only binding precedent in NC.

By: Nicholas Maietta

Nicholas Maietta — Tue, 22 May 2018 17:54:54 +0000

I’m confused. Is this ruling State or Federal level? To me this appears to be at the State level for the win. Either way, it’s still a ruling that can be used elsewhere i’m guessing. Good for the man for standing up for his rights.

By: Sean

Sean — Tue, 22 May 2018 17:51:16 +0000

If NC is the first to do this, I know soon, Florida will have to follow.
I plead 2-95, The registry didnt exist. The LAW (at that time) stated “Upon sentencing”, I am to be notified that I am going to be “labeled”. Nothing was said.
19 months later, I am dragged into court and was TOLD
that I was going to be on this “list” and that now I am a predator…. With NO evaluation !
I told the judge “IF I had know about this BS, I never would NEVER have taken this deal.” (Judge never admonished me for the BS comment)
My attorney said that the courts/prosecution cant keep lumping more restrictions on me, I have my sentence, I am complying to everything.
(EX post facto here guys???)

( I went to the reporting company to get the transcripts of that court hearing…. Hmmm……
Seems the court transcripts for that date went “missing”.. They have the judgement saying I was to be put on the list, and labeled, yet NO conversation exists. Not just at one reporter transcription location, but 2 of them !
(Including the records department where you can pull the whole case–Transcripts missing) THAT court transcript would get me off the list, and enough “pull” to get my record expunged.

By: Tired Of Being Mistreated

Tired Of Being Mistreated — Tue, 22 May 2018 17:35:20 +0000

Awesome !! Just Awesome !!.