Recording of Oral Argument in Ex Post Facto Plus I
The recording of the oral argument that took place this past Friday before a panel of the 11th Circuit Court of Appeals in the Ex Post Facto Plus lawsuit (Does v. Swearingen) on appeal from the Southern District of Florida is now available. You can listen to the recording below.
Once you have listened to the argument, please share your opinion in the comments below.
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Why are all these decisions made on ridiculous technical nonsense rather than the obvious conclusion that these laws are against the constitution and illegal? Any sane person can realize this if they read the constitution…
Because the case was dismissed on the technicality and that was the issue raised on appeal. If the case had been decided on the merits and Plaintiffs had appealed, or if the case was dismissed for other grounds, or if the Plaintiffs had lost on summary judgment, then the issues raised on appeal would have been different and the subject of oral argument would have been different.
The lower court specifically dismissed the case on statute of limitations (SOL) grounds without even considering the claims. Judge Williams found that the Plaintiffs claims were barred by the SOL. That dismissal was the subject of the appeal.
In a Real and Fair World we wouldn’t have the Registry and if we did it would and should be subject to the Date of the RULES when the alleged crime was committed or sentenced. How on earth does anybody believe its correct to be able to keep adding more and more Restrictions that cause a person to be Arrested! Its very much Punitiv. I was pretty much forced to take a plea on something I didn’t even do with fear of years in Prison. Even the Judge I believe had doubts as I received NO Regular Probation! No Victim Restitution! No SO Probation. No Sex! but a allegation of a Grope on the outside of a shirt. Well Floridah calls that in my case a Attempted S Battery! Go figure a Misdemeanor in most states and not even a Registerable action in Utah without 2 Convictions. Now the registry and all its rules is a life long Probation with ever changing restrictions to basically make you want to move into the Jungle. You most likely would get arrested even if you did that cause how could you register in the swamp!
Perhaps they will decide the case on the substantive issues, realizing that if they decide just the SOL issue in our favor and remand back to the DC then courts IN THE circuit may be flooded with litigation from registrants who thought they were barred from challenging registration requirements due to the passage of time. 🙏🙏
It almost sounded like the judge thought we had registered one time years ago so what is the big deal. Was waiting for the lawyer to point blank ask him, did you not know these registrants have to register every 90 days and cops come to your house at all hours of the day and night just like probation officers. Failure to communicate/understand the law you are defending.
Also it seemed to me there was too much agreement on the false claims that we were not upset with any registry rules prior to 2018??? What the Helicopter?
Half the time I was not sure who was on what side. I did not like the lawyer agreed we admit we are sex offenders and are not wanting to end the registry. So confused, no wonder people give up. The only positive thing I heard was everyone seemed to somewhat being cordial.
Thank you FAC for posting the recording! It’s encouraging to hear an attorney argue on behalf of registered persons, while the FDLE attorney repeatedly used ‘they’, as if ‘they’ are the enemy, not deserving of respect or fairness. And that’s how the FDLE views registered persons. I also loved the Rosa Parks comparison!! At the end, I got the feeling the judges wanted to make sure if they ruled in favor of the plaintiffs, they could not be viewed as ‘taking away the registry’.