Comments on: TN: Great Decision Out of Tennessee – Registry Violates Ex Post Facto

By: MannyS.

MannyS. — Sat, 23 May 2020 00:37:39 +0000

Question here…

I have been reading many comments and many cases because I am like many of you, want to get out of this damn registry. I know I am way, waayy out the time when I can actually petition to get of the registry because I just won my motion to get off probation. My charges were in 2012 and I did short of 8 years in probation.

I don’t have a felony conviction because the judge granted a Withhold of Adjudication. I still have to register, but I can safely state that I don’t have a felony. For what I understand, when the probation ended, the case got dropped (and again, I STILL HAVE TO REGISTER, JUST LIKE EVERYONE ELSE).

One question I have is this…. would the 25 years applies to folks like me that have the Withhold of Adjudication?…. I know I have all my civil rights and one of the options I am contemplating is to petition for clemency to the governor after 7-10 years?. If anyone here has any suggestion or experience with this motion, I would welcome the words of advice.

The statutes are not very clear to me as it relates to this withhold of adj, so whatever information can be shared to weight in futures options I will appreciate and welcome it.

By: CherokeeJack

CherokeeJack — Wed, 20 May 2020 23:36:54 +0000

In reply to beefstew327.

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.

By: beefstew327

beefstew327 — Wed, 20 May 2020 20:43:53 +0000

In reply to WJ.

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

By: CherokeeJack

CherokeeJack — Wed, 20 May 2020 17:44:41 +0000

In reply to Chris.

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.

By: WJ

WJ — Wed, 20 May 2020 17:44:19 +0000

In reply to CherokeeJack. 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.

By: Florida Action Committee

Florida Action Committee — Wed, 20 May 2020 17:29:29 +0000

In reply to Chris. Several Circuit have ruled this way.

By: Chris

Chris — Wed, 20 May 2020 17:27:50 +0000

In reply to beefstew327. 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?

By: WJ

WJ — Wed, 20 May 2020 17:25:04 +0000

In reply to JoeM. 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

By: CherokeeJack

CherokeeJack — Mon, 18 May 2020 15:58:13 +0000

Beef
I too am a strong Christian. But lawyers do not work for free nor offer guarantees. I do not have numerous $1000’s of dollars to win or lose. If it was a guaranteed win then I could pick the noses of Irish fishermen on the dock’s for a few pennies to raise money. But I have lost too many hearings and money to go with it. I have paid for my accusations a 100 times over.
The sentencing appeal took me 10 years of battles to win but was worth it because it was before a different judge who happened to be friends of my lawyer. Yes 100% fair because my sentencing judge was close friends with the prosecutor and was even seen in private discussing my case before my sentencing.
And the class actions are cool but like I said before, they usually benefit just those who are named in the suit. But maybe if they win and 1000s of us flood the courts with suits, our voices will be heard.

By: beefstew327

beefstew327 — Mon, 18 May 2020 13:20:42 +0000

In reply to CherokeeJack.

@ 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