TN: Great Decision Out of Tennessee – Registry Violates Ex Post Facto
Yesterday, a Federal District Court in Tennessee found that the Tennessee Sex Offender Registry, as applied to the Plaintiff, violates the Constitution.
The Court found; that the restrictions of SORVTA are much like traditional punishments of shaming, banishment, and probation, particularly when those restrictions are imposed for life, that the registry imposes an affirmative disability or restraint on Plaintiff, that permanence of SORVTA’s restrictions, based solely on his prior offense rather than a present potential of re-offense, weigh in favor of traditional punitive aims, among other things.
The Court concludes that the effect of lifetime compliance with SORVTA is punitive as it relates to Plaintiff. While the court made clear that this only applies to the plaintiff, the facts and circumstances are likely common to most on the Tennessee registry prior to 2004.
A copy of the decision can be found here: TN Doe v. Rausch
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In addition to the above. I just saw that the Senate has approved a bill that will allow the FBI to search you browsing history with out a warrant. And, of course, the it also says that the senators and representatives are exempt from this search. Thank you Mitch McConnell you piece of shit. Time to flush the toilet!
I am not surprised, but it actually spells that out in the bill? I need to look for that. All the…”if they can do this to Flynn imagine what they can do to you”…and I am like they do it already!! And then they vote this. And people are like…well…ya know, only for the bad guys. Ugh.
It is slowly working. It is truly sad that the power structure in this country works its own agenda and wipes its ass with the constitution. I hope with all my might that when this entire fiasco crumbles that the people responsible for it will reap their just reward and all die of cancer. I am sorry for this vitriol but that is how i feel about this. This country has a major problem with how it treats and respects everyone in it. Racism, power hungry political leaders, government paid thugs as in the police force. populous manipulating news outlets, and an us vs. them mentality throughout the land. I could go on but whats the point. You already know. Sorry for the rant. We need to mobilize our movement. When I was a war protester during the Vietnam war we had meetings on how we would disrupt the politician’s propaganda meetings and how we would protest. We had a plan and backing. The problem with us is that i believe that we as a class of persons, yes a class, have been under the jack boots of the oppressors for too long and have lost our strength, if we ever had any. How can we rise up and make a lot of noise.
Even being on the registry, wishing someone dying of cancer is pretty evil. My Dad nearly died of cancer and I would not wish that on my worst enemy.
Having said that, I would not wish the registry on my worst enemy. However, if you wished they got a taste of the registry themselves, I would have no issue with that.
A more reasonable thing though would be that they are held accountable financially for all the years we lost on the registry. Like someone falsely accused and put in prison. Even though many of us may have actually committed a crime, we did our time but were given another more harsher life sentence. The only difference is we serve it in our own house, while out in public, online, at work, etc
The way I read it, this is Excellent!!
True this instant judgement only applies to the parties involved, but we have (once again) an instance of a federal judge specifically opining that
SO Designators on IDs/DLs compel registrants to appear in public with a badge of past criminality (shame).
Proximity Laws are de facto banishment (punitive).
Travel Restrictions closely resemble Probation/Parole (de facto punishment).
The judge repeatedly cited Doe v Snyder.
I am no legal expert, and maybe I am misunderstanding this. But it sure looks like the wall is starting to slowly crumble.
So Tennessee will still be able to prevent this guy from getting off the sex offender registry because of the conviction for violating the unconstitutional registration law. Great.
We don’t know that.
The opinion says he still has to go through that process.
I wouldn’t hold your breath unless you really look good in blue…..
JoeM
He can apply to be removed and if he is denied he can either wait 2 more years and re apply since his violation charge was in 2017 or he can take it to the district court to challenge his conviction since he was charged under a law that was deemed unconstitutional
This is a win and a loss. A win for the Doe but afraid that will happen with our Ex post Facto case. The Does will win but judge will say only applies to them. I told my lawyer ( Back when I had the money ) to hold off so as not to mess up anyone else’s suit but now wish I had moved forward.
I think it is easier for the courts to let ONE person off the registry than to declare everyone is Free at last.
Even if that’s the case, it’s an invitation for similar ex post facto cases using this precedent.
^^Yes, chipping away at the registry as Ex Post Facto punishment. The more federal precedence, the better position when we file the final challenge with SCOTUS
So every one who donated to this florida ex post facto plus case won’t get relief, but just the people named in the laws suit? So why donate to some one else case? Please help me understand this I know if I am confused there must be others who have the same question!
It won’t be just named plaintiffs who benefit.
Correct.
Not being negative but there has not been a single win yet where the entire states ex offenders were removed from the registry. Even in cases like Michigan where they ruled it was unconstitutional, they have TWICE given the state extensions to fix the wording NOT to let anyone off.
A few individuals have been removed due to a challenge but the majority of us can barely pay for our day to day expenses, non the less a law suit against their state. One lawyer who was prepared to take my case just before I found out about F.A.C wanted $25,000.00 JUST in deposit money.
I told him I would look in my sock drawer, sure everyone has that laying around.
When you spend $25,000.00 on a car, you get a tangle item that comes with a guarantee. When you pay a lawyer, they tell you zero guarantees so you are basically playing lotto. Not to bash my first lawyer when I got arrest but, I paid him $30,000.00 plus another $5,000 non returnable bail money. All he got me was both me and himself yelled at by the judge.
I am not bitter, just beaten down, beaten up,gun shy, kicked around and very hard to trust anyone much anymore.
On a side note, I know the director of F.A.C wants it for all of us because if we all do not win, neither does her son so it is personally crucial for all of us to get a win. And we ALL are frustrated, just some hide it better than others. Some of us need to let it out on occasion.
The EPF plus lawsuit is challenging the law both ways; facially and as-applied. That is being done to give us a better chance of winning some type of relief. True, it would be better if the law is found unconstitutional on its face because the decision would apply to everyone in a similar situation. But that challenge is much more difficult to win. A ruling as-applied will still benefit everyone because it will set a positive precedent for future lawsuits. Any win is worth the money in my opinion.
It would be nice if this was in florida, in 1998 – 2002 it went from 5 years to 10 to 20 years
Where do you see that? It has never been 5, 10 or 20 years in Florida.
you are incorrect!!!
Ok – why don’t you show us if you know better?
At one time there was a way to petition for removal a certain number of years after conviction. There was never automatic removal, and some convictions were excluded. I think the waiting period was increased in subsequent revisions, probably before anyone had a chance to petition. Maybe that is what Tired Old Man is taking about?
Yes, I like to see the 5 and 10 years in print for fla. Statues too,please?
Wondering what you are talking about? If you are talking about the registry, it was for life, then a judge ruled there had to be a way off and it went down to 20 years you “Might” have a chance to get off. Then a new law raised it to 25 years with no guarantees.
Tell FAC to post what i put here to the reply instead if censoring it and not posting it!
Tired,
What you wrote IN NO WAY supported your allegation that Florida used to have a 5 year period of registration, 10 year period of registration and then 20 year period of registration, which is ENTIRELY FALSE. Rather than confuse our members and waste their time, if you are so certain you are right, why don’t you cite to the Year and Statute (including subsection) of the Florida statutes that support your argument?
If you’re so confident, I have a deal for you… If you’re right, I (not FAC, but myself personally, will pay you $500). If I’m right, you donate $500 to our legal fund.
How about that one?
Tired
I have had my share of comments not posted either. So I have no power to advise them to allow yours. I get really frustrated. Having said that, if we are fighting each other, we have failed already. Together we are strong, divided we fall.
I was told 20 years from the date you are released from lawful sentence. I fell in the early 90’s way before Megan, jessica Lungford, and adam walsh acts and got caught when it went retroactive
There has been discussions about this a few months age and The attorney Ron Kindle had spoken about this on the conference call If I recall right This was a few months ago when his office was bombard by this question
Beef
I did as well but a lawyer I was going to hire said otherwise and said it was changed and grandfathered in. He said you WON”T win on the 20 year thing, no judge will allow it. He said that if you are on the life registration you have to wait for the 25 years from sanctions to petition. My case is from 1991.
What pisses me off is the judge in Tennessee not having the guts / balls or whatever to rule it for everyone. I mean how can it be illegal for that ONE person in court but everyone else has to file their own lawsuits? Is that not the point of a class action lawsuit?
@ Cherokeejack The attorney I have in mind is Ron Kliner and he had argue and won ” You Can’t move the finished line”I have faith in GOD because I saw him open doors for me… and the attorney you spoke too did not have faith in himself.
When a person doubts,fears or becomes afraid of something they are already defeated
Just curious if there is any any other legal precedent for being able to petition for removal after 20 years instead of 25 for those convicted before the FL statutes changed?
Was Mr Kliners’ case just a one off court decision that he won, or is this the new standard?
Several Circuit have ruled this way.
Chris,
Pretend for a second, I am a judge. You come before me and you convince me with those rulings to petition at 20 instead of 25 years. I say ok fine let us hear your case.
Then I listen, say “Well mister Chris you brought up some logical points. However, due to the risk you still pose from your previous charges, I suggest you come back in 5 years. Motion denied.”
Not being negative, just be prepared because just because you CAN petition to get off, the law does not say the judge HAS to let you off. The ruling just says there has to be a way to eventually get off. Of course you can appeal. The judge who sentenced me 30 years ago is not an appeals judge so be my luck I would get her. NO way in Hell SHE is letting me off.
Cherokeejack
This case was not was not filed as a class action suite, it was filed in 2017 as an applied case. There are several cases in the federal court in the sixth district, including mine that need every ex post facto opinion they can get. This one was a win because at least he can see the end of this ahead of him, he no longer has a life sentence.
Cherokeejack, I am very interested in how you know what the Judge is going to say at that time? Really why are you sowing discord and robbing people’s faith? You Know the Bible says in proverbs 21 “The king heart is in the hand of LORD,as the rivers of water;he turneth it whithersoever he will” Maybe it wasn’t your time to get off but it could be Chris’ time. I don’t want you to feel you can’t post anything but your negative experiences don’t have anything with another’s outcome.
Think of Joseph in Genesis his brothers sold him, he was lied on, put in jail for 27 years he could have gotten revenge on those who did evil to him but kept his eyes on GOD. and told his brothers “what they meant for evil GOD meant it for good.” Chris trust in GOD timing
Sorry beef, Sorry Chris.
I was being a Debbie Downer for a moment and should have taken a breath and either written something else or nothing at all.
I accept your Brotherly correction and admonishment 🙁
I am going to take a time out for a week or so.