South Carolina Supreme Court rules that lifetime placement on the sex offender registry is unconstitutional
The S.C. Supreme Court has ruled the state’s lifetime requirement to register as a sex offender is unconstitutional and those who demonstrate a low risk of re offending may have their names purged with a judge’s permission.
You can read the Court’s opinion here: https://www.sccourts.org/opinions/HTMLFiles/SC/28033.pdf
https://law.justia.com/cases/south-carolina/supreme-court/2021/28033.html
Watch oral arguments here: https://www.youtube.com/watch?v=rTPq69kGgiE
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So once again, we trumpet a “victory” that is, on it’s best day, pyrrhic. On its worst day, perhaps you can perforate the printed version of the decision, put it on a rol and hang it next to your toilet. . Internet pictures are okay. Lose!!!! Lifetime on the registry is unconstitutional unless a judge can tell you to bugger off after pretending to consider your petition. Did I miss anything? The BEST that we can hope for is something like Georgia where the appear to actually give you a fair shot, even if you arr an out of stater. I guess that one peice of “good” news is that judges in SC are “Elected” by the legislature for 6-10 year terms and not by the card carrying members of the general public.
JoeM
The one theme of yours I can agree with is, EVERY judge is different. Just look at the U.S supreme court decisions. I cannot even remember a single case that at least one judge did not dissent for some reason.
You can win a case with flying colors, then have the state appeal and the next judge throws out your case with a boot to your hind parts. Then you appeal and win again? It is a three ring circus, BUT a very expensive one for the poor sap just trying to get their life back.
Can’t agree with you on this one. This is for sure a win. Yes, it would be great if things changed over night like they do when the politicians are at “work”, but the courts have proven repeatedly to be a great avenue for sane and reasonable corrections to the Constitutional abomination that is SORNA. It’s not the ultimate victory, but it is a substantial victory nonetheless.
All the best, mate.
So it’s a big victory? Tell me this. When will you be moving to Charleston to take advantage of your newly found freedoms? 😉
Or are you still looking at Michigan? After all, their registry has been shut down by the courts so I guess we can just stroll right in, right? (Sarcasm font)
Joe
I lived in Charleston back in the late 70s. Even back then it was turning into a cesspool. Can’t even imagine what it is like then. We lived their due to my Dad being stationed there with the military. That was his last assignment before retirement.
On a side note, not sure if they still do it, but when I went to school there, they still used paddling (3 licks with the paddle) and I got it once. it was no paddle, it was a cutting board with holes drilled in it. Believe me, even as an adult that would make me cry. Think I still have the scars on my hind parts but I cannot turn my head that far to look. LOL
Out freakin’ standing. Bravo to South Carolina for finally seeing SORA for what it really is.
I’ll post the oral arguments for this case on the Youtube channel. Always nice when judges get it.
https://youtu.be/rTPq69kGgiE
Great news that the court made a logical ruling. However I believe the State will work around it by setting up a review process with a very high bar; one that makes it nearly impossible to get off the registry. The court will call that due process.
Hiring a forensic psychologist to assess you ahead of any hearing would be wise before going into said hearing. It would be a lot tougher for a judge to over rule a subject-matter expert. If the judge still ruled against, it would also be better on appeal.
My attorney had me hire the dude the State routinely used, thus preventing their use of him but also using their sharpest tool against them. He wasn’t cheap, nor was he overly expensive–way cheaper than the attorney!
AJ
So, did it help? What was the outcome? Did you get off the registry? So many questions.
Many of us have not gone before a judge again due to cost and lack of any funds. Back when I petitioned to have my sentence struck down, I sold my house to pay for attorney and mental health expert and polygraphs.
I had to wait years until the sentencing judge rotated out and was able to go before a judge who is now on the Florida supreme court. He was awesome and actually listened to my case, the evidence and actually scolded the prosecutor for her emotion she used to sentence a first time offender who didn’t even put anyone through a trial.
I did everything the state asked of me and more and still I was given the max sentence. I was refused appeal after appeal. I did get the remaining 8 years tossed away and got off probation. It was Hella money but to have 8 years of my life back was worth it. That was almost 18 years ago and I had to file bankruptcy.
What is odd, I do not work and have no income but I get denied everytime for food stamps, public assistance etc because I live with my parents so they say I do not need help. HA
Cherokee Jack:
I should have been clearer in my post. I was referring to the process I went through in regards to my conviction. As far as did it help or “work,” I’ll let you decide. The pre-sentence investigation came back with a recommendation of time served, probation, and 90 days of an ankle monitor. My attorney was stunned by that…but there was more. The judge deviated from the PSI, skipping the ankle monitor completely. He did only give time served of “two days” in jail (which was actually 19hrs from 10pm-5pm), “up to” 60 months of probation (which was terminated early), and a $500 fine. The rest of the junk of counseling, registration, etc., wasn’t something the judge could deviate from…but even then, the counseling I went through was pretty much a cake walk and never involved any polygraphs or peter-meters.
In short, my actual criminal sentence was just a drop in the bucket; it’s the lingering waves of “collateral consequences” of the registry that bites and blows. Where I was convicted, I’ll automatically drop off the registry once my time comes, so I won’t need to use the forensic psychologist again. I would if I needed to, though.
Wish we could fall off the registry. That is another fault of all 50 states. I do not think any two states have mirror images of any other registry. Heck you could cross the line into another state I suppose and find yourself on another registry.
I thought about becoming a lawyer back in the day. The problem is, if you are a mechanic, you know how to fix the car by ordering the parts and using your skills and knowledge. You have a guarantee that when you leave your car with them, they will fix your car.
On the other hand, you hand over 1000s of dollars to lawyers, who cannot ever guarantee you squat but you still have to pay. One lawyer wanted $5000 just to correct an error on my registry page on the FDLE.
I got moved to 4 times a year because of that. It is cheaper for me to go the 4 times a year for an hour or so for free that give up $5000 for something I previously paid to get fixed. A few weeks later they edited it to make it even worse. FDLE was sending me a message that a win in court does not mean I win as far as they are concerned.
i do not understand why so many states have this finding and florida still has a lifetime for even the smallest infraction. cant we use these other cases as precedent to the state supreme court? some of us with a very light charge would like to get of the registry and remain in Florida
I would help find this. FAC, have you given this some thought?