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For all Harper v. Glass questions, please refer to Val Jonas’ post:
https://floridaactioncommittee.org/statement-from-attorney-val-jonas-on-impact-of-judge-hinkles-order/
Does anyone with a pacer account know what we asked in our status report
https://www.pacermonitor.com/public/case/25861536/Does,_15_v_Swearingen
Southern Court, can’t really rule until the northern court rules.
I looked it up (very new to using Pacer) and it appears we just updated that case with the ruling from Harper v. Glass, per Judge Williams’ order in November.
Thanks
The Southern District of Florida Court in the Doe case has stayed the proceedings at the request of both parties because there could be additional litigation in the Harper case such as post-judgment motions or an appeal. The parties have an additional 60 days to update the Court on the Harper case before proceeding any further in the Doe case.
Congratulations to Val and her hard work on the Harper v. Glass case in the federal northern district of Florida. Today’s order strikes down as unconstitutional the in-state, in-person reporting requirements and the duplicative requirement to report to DMV when traveling in-state for more than 3 days. The FDLE Commissioner is now required to offer on-line reporting to registrants who are traveling in-state for more than 3 days. He has 60 days to do so according to the order. Again, thank you Val for all your hard work!!
I’d there any opionon or final version of this decision anywhere? I can’t seem to find it??
Ron Book again lobbing to expand a sales tax to fund his organization https://www.local10.com/video/this-week-in-south-florida/2024/03/24/this-week-in-south-florida-ron-book/
How can registered citizens be bar from a public good service.
When the man in charge of the public good is Ron Book.
So I came across this court case https://law.justia.com/cases/florida/third-district-court-of-appeal/2023/3d22-1416.html the state uses this line to say the registry is not punishment but simply a status of one’s crime. And if you go to sites like these https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Delinquency/Resources/Common-Acronyms-Terms you will constantly see that offense crime only apply to juveniles.
So you see the definition of a status crime “Status Offenses: Things a youth may do that are not illegal for an adult, such as truancy, running away, or underage drinking.”
And looking at the history of the status offense legislation intent https://www.nolo.com/legal-encyclopedia/juvenile-law-status-offenses-32227.html#:~:text=For%20the%20most%20part%2C%20state,committing%20crimes%20in%20the%20future. For the most part, state goals in dealing with status offenses became threefold:
* to preserve families
* to ensure public safety, and
* to prevent young people from becoming delinquent or committing crimes in the future.
So, if Florida State legislator is going to use the line, registration is simply the status of your crime, and they’re going to categorize it as a status crime and status crimes originated from juvenile issues that wouldn’t be a crime committed by an adult and the structure had three purposes.
How can it be not be viewed as punishment when the registry breaks up families
How can it insure public safety when the registry shows most were 1st time offenders
The legislative shows the intent is to ratchet up the restrictions year after year.
Applied to juveniles a status crime is viewed as trying to preserve those 3 things
Applied to registrants a status crime inflict punishment openly on these 3 measures yet it’s legal.
If the goal with a status offense is those 3 measures how can it be a status offense if those 3 measures are not the intent when applied to us.
Tennessee needs to get rid of community supervision for life as well. It’s also unconstitutional and it violated the ex post facto clause as well. Meaning double jeopardy. We all made mistakes in the past so why should we be punished further for a conviction that we all served our full sentence out? We were never given parole nor probation, so why are we being supervised by TDOC officials. This is a form of slavery and hate which is against the United States Constitution. It is a secondary prison sentence. Why do we need to be placed on ankle monitors told to go to a treatment program and then take polygraphs which are not accurate in the first place that’s why the United States supreme Court stated they are admissable because they are deceptive 50/50 on them. But all this additional stuff that tdoc forces on us is illegal and unconstitutional it is slavery. It’s a form of NAZISM. Tennessee might as well just give anyone with a sex offender the death penalty, because that’s what this CSL is .