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I am sure people are keeping up to date on the administration ‘s rhetoric to go after homegrown criminals. Everyone should be aware.
I seen something that said being put on the registry in NC for life without any sort of certification is unconstitutional????
In North Carolina, the state Supreme Court has ruled that mandatory lifetime satellite-based monitoring (SBM) of sex offenders, based solely on their status as recidivists, is unconstitutional according to the Raleigh News & Observer. This decision, particularly in the case of State v. Grady, limits the application of SBM to individuals not under state supervision (like probation or parole). The court found that such lifetime monitoring, without a chance for judicial review, is arbitrary and not rationally related to the state’s goal of public safety.
Loss in Louisiana
Putting a juvenile on the registry for life is not punishment. In this case he was a 14 who had sex with a 13 year old I think from reading a Quick Look at the brief. https://www.courtlistener.com/opinion/10618703/state-of-louisiana-in-the-interest-of-dd/?q=cites%3A%28127899+OR+9434392+OR+9434393+OR+9434394+OR+9434395+OR+9434396%29&type=o&order_by=dateFiled+desc&stat_Published=on
I have a comment & a question. Something was said about NC saying it was unconstitutional to put someone on the registry for life without having any kind of just cause?? Doesn’t every state have the life thing?? Could this NC ruling be used in other states? I have been on the registry for close to 40 yrs & almost 80 yrs old, really don’t believe I am a threat to anyone, they didn’t ask me either, but then again no exit ramp in sight, our wonderful legal system at work, can’t you see?? God Bless America!!!! PS I am also a 100% disabled Vietnam vet!!!!
Hey Jim
I live in North Carolina now. What did you hear?
Thank you for the post. if any monetary requirements are deemed punishment if required after initial criminal conviction so would all other requirements that are mirrored from other conviction requirements . Like in person registration that were added on after original requirements were met. These requirements could be considered civil but could not be enforceable by law enforcement.
If you like to read case briefs, Here is a similar case pending before the Supreme Court as well it’s been passed over 7 times so it probably will be heard I hope once the ellingberg case is resolved. https://www.scotusblog.com/cases/case-files/neilly-v-michigan/
Again it relies heavily on smith vs doe. Both sides quote it quite a bit in their briefs.
United States Supreme Court to hear if Is criminal restitution under the Mandatory Victim Restitution Act (MVRA) penal for purposes of the Ex Post Facto Clause is punishment or not.
https://www.scotusblog.com/cases/case-files/ellingburg-v-united-states/
Guy rob a bank ordered to pay restitution. He says it’s ex post facto punishment because they changed the terms afterwards. Anyway case mentions smith vs doe quite a bit in the state brief https://www.supremecourt.gov/DocketPDF/24/24-482/363718/20250623134532060_Ellingburg%20Brief%20for%20Petitioner.pdf
This should be very interesting. Thanks for the post!