A federal judge ruled Monday that Tennessee’s sex offender registration act is unconstitutional, at least as it was applied retroactively to two offenders.
The ruling in the U.S. District Court for the Middle District of Tennessee affects only the two men who sued, identified in court documents as John Doe #1 and John Doe #2.
“I think the ruling, while it is narrowly tailored to our clients, does open the door to the possibility of a class action,” attorney Ed Yarbrough said in an interview.
U.S. District Judge Eli Richardson had already ruled in February that parts of the law violated the Ex Post Facto Clause of the U.S. Constitution, which prevents people from being punished by a law passed after their crime was committed. On Monday, he ordered the state to stop enforcing any part of the law against the two plaintiffs and to remove their names from the sex offender registry.
TN: yet another ex post win, more registry removals:
https://fox17.com/amp/news/local/federal-judge-rules-for-tenn-sex-offenders-rebukes-state
Ex post
THANK you so much for posting that. I consider this and the judges statements a huge win. At least for those 8 people. It Seems to take tons of money for each person to win because the “Bulk” removal thing is not working. Each person is going to have to do this on their own and many cannot afford it.
I will be eligible soon and will borrow off of my 401K to try and appeal. When I say soon I mean in the next 16 months. Shame they make us wait 20 after we are off all paper. If the judge says we should not be on retroactively, why do we have to wait 20 years?
Ruling could change TN’s registry:
https://www.newschannel5.com/news/ruling-could-signal-future-change-to-tennessees-sex-offender-registry
Note that this causes concern among victim advocates, according to the article. Not victims; victim ADVOCATES, who make a living claiming to speak on behalf of victims. We rarely hear victims themselves advocating for more registration.
I’m going to express a viewpoint regarding victims that will probably get me hunted down by people with pitchforks and torches. I propose that when it comes to the subject of registration, the desires of victims are not relevant. (“Burn him. He’s a witch.”) Make no mistake, I do have great compassion and empathy for victims of sexual assault.
The wishes of victims are primarily driven by feelings of retribution, which are absolutely valid. “I want to hurt the person who hurt me.” The traditional justifications for judicial punishment are deterrence, incapacitation, retribution and rehabilitation. Adequate retribution is certainly necessary. However, along with the other three elements, the appropriate amount of retribution is factored in to punishment at sentencing. That is the time when victim needs, desires and anger must be strongly advocated for and then considered by the sentencing authority. Advocating for harsher punishments at various legislatures is also an option.
Short of the death penalty or imprisonment for life, some victims will never feel that their perpetrator has been adequately punished. Their feelings of “closure” will not be satisfied by anything less. Sex offender registration is ostensibly not punishment. Its stated purpose is only to enhance public safety. Whether or not a person is on the registry has nothing to do with retribution, which is thus not relevant.
Victims and those who advocate for victims rights and desires for retribution do indeed have a paramount place in the legislative and sentencing processes, but little or no place regarding sex offender registration.
Veritas.
Ed C
Not always the case. In my Case, no one even showed up but me and my lawyer. The state was trying to force the witness to testify but she did not want to as it was her parents who turned us in for dating. I did not want to force her to show up and have a trial so I plead guilty.
That was a huge mistake. I got a 30 year sentence. I went back on appeal and again, she did not show up. This time I challenged in a higher court that the sentence was cruel and personal in nature. The new judge agreed and tossed the rest of my sentence. That was after I had already served 10 years.
I guess my point is that victims get their say in criminal proceedings if they choose. Since registration is not supposed to be punishment, victims’ desires for additional retribution should not be a factor in legislation or implementation.
I’m glad that you got the bulk of that sentence thrown out. That was at least a bit of justice.
https://www.govinfo.gov/content/pkg/USCOURTS-tnmd-3_16-cv-02862/pdf/USCOURTS-tnmd-3_16-cv-02862-3.pdf
Took a while but I found the official ruling.
Can anyone get a copy of the actual ruling?
This raises an interesting question for people who were convicted outside of Tennessee. For many offenses it would appear that Tennessee law imposes registration and the restrictions like the thousand foot rule and having to register all of your Internet information for 10 years from the time of convictionOr, in the case of out-of-state registrants who moved to Tennessee, five years on the registration in Tennessee which ever is greater. It would be interesting to see when that “or five year” provision was passed. The “which ever is greater, or “for life for persons convicted outside of the state” provisions in a number of state registration laws impact folks like us greatly because we are treated differently than “homegrown” registrants. Obviously this is done to keep us from moving to another state.
That should have read 10 years after end of sanctions
I have to say, since I have moved to TN, I have been treated with more respect and dignity than i ever was in FL.
I deal with 1 person, always friendly and respectful, he even calls you, as a courtesy, to remind you, if it is your registration month and you have not contacted him to set up a time to come.
sure there are things I dont like, ( ie .. no one under 18 allowed to sleep under same roof unless they are your children or grand children, 1000 foot housing rule )
I have spoke with him and he says 5 years to the date I moved into TN, I will be dropped off of list, will fall right at the same time I hit the 20 year mark in fl and plan to petition fl to remove me also
How long have you been there? If you still have a fair number of years it might be good to look into when they instituted that five-year on the registry rule cause it’s pretty clear that had you been convicted in Tennessee you would likely be off the registry already. Same thing for the thousand foot rule and the Internet identifier rule.
JoeM, The 10 years on the registry are for few sex related charges that are not deemed Aggravated. Anytime a charge is classed aggravated, the offender goes into a Violent status and is required a lifetime reporting. The aggravated charge does not need to be a violent charge but only be classed in the state as one of those that gets to be violent. There are no classification hearings – only some predefined laws that magically class you.
I actually fit similarly as one of these John Does’ case. Sentenced early in 1997 and I live in TN. Yes, I will be contacting this law firm.
FYP: I also follow FAC because in TN we do not have such action groups. Thank you FAC.
thats the problem i am running into right now, they have on the ” violent ” list, i have spoken to the the Detective and my attorney, both say it is incorrect, but with the pandemic, everyone is working from home, say it will get fixed eventually, and then it will convert to the 5 years from date of 1st registration in tn
J. Is your charge aggravated? If so, you are classed violent and on life registration. That’s TN law.
no, not aggravated. 2 counts of possession ( PC ) adjud withheld
Good point. I’m interested in how this ruling will actually have an effect on Florida if any.
I intend this as a constructive comment. It is unclear to me why someone is using his or her time to create these messages about other states, and what benefit recipients receive from taking their time to read and comment on them. Most of them have not the slightest relevance to our laws and policies in Florida.
(1) we have members in multiple states.
(2) even though its not binding precedent it’s persuasive precedent.
The TN win began in Michigan.
Had the TN lawyers considered only TN case law, they’d’ve lost
I’m grateful the the Florida lawyers in our FEDERAL Florida suits consider precedent from wherever’s relevant.
Daniel
I myself am in Florida. I enjoy seeing wins for others as it gives me hope that someone out there has a heart or at least the where withall to follow the law and rule in our favor. Unlike many judges who rule from their personal disgust of offenders, or fear they will not be renewed as a judge because they stood for offenders over the Holier than thou John Q public.
Also, lawyers in other states can study how those cases were won and possibly use that information for legal foundation of what a judge elsewhere ruled in a similar case.
Additionally, even though FAC Starts with Florida, it is open to anyone and we can all share wins and losses. We support each other with encourangement to not give up, get back up and get back in the fight and next time come out swinging 10 times harder than before.
Just my humble most unimportant opinion.
CherokeeJack
Well said.
Registration is a national problem, particularly since passage of the Adam Walsh Act. Each positive court case, particularly in federal courts, adds weight to the argument for getting rid of registration entirely. The various circuits may disagree over specifics such as what constitutes punishment and how far a state can go. Having those circuit splits is a good thing because the Supreme Court might need to step in to resolve the issues.
ED C, The ‘Hit List, aka The Registry, is supposed to be Non-Punitive, which we all is NOT THE CASE!
Google, ‘John Walsh, Prison Legal News’
-and you will find the real truth!
Enjoy the Read
Everyone here knows the registry is indeed punishment. Unfortunately the registry is not legally punishment until precedent-setting courts– particularly the Supreme Court–declare it to be. Our opinions, observations and experiences will not end the practice. We need to keep hammering in courts, legislatures and in educating the public. This is tedious but necessary.
This Judge pulled their Price Club membership… No fair.
Another state again why don’t you post things the only effect florida?Who cares what happens in other states it doesn’t effect florida it just gives people false hope.Think about you all what good has happened to people in Florida! Right nothing!
Why doesn’t it affect Florida?
Hey Tired, this post is not false hope. We all need to be aware of what is happening in other states as more and more registrants fight for their rights. Their fights are our fights because we all want to be off these various registries. And if you paid attention to the lawsuit that got these two guys off, it had to do with ex-post facto challenges…very similar to the challenges that FAC is pursuing FOR US in two different Florida law suits!
Bob
Although I agree with you 100%, most of these cases are ruled for those who were named in the lawsuit and not any of the rest of us. We usually have to try and go in with our own lawyers and our own money(if you have the money) and use those wins as a precedent for your own case.
Rarely are blanket rulings made. Not saying there are none but it is rare. And the option in Florida’s ex post facto has both options, giving the judge an out to only let those named off the registry.
Not being a negative Nancy, But as Joe Friday use to say,” just the facts”.
Tired,
I lived in Florida for 20 + years and was forced to register for the last 14 years there, I now live in Tennessee. Unfortunately, TN does not have any organizations like FAC , so I still monitor the post daily. so this does provide as service that is needed.
Tired. I dont agree with your comment. It is important to see what is happening in all areas, both good and bad. The various judicial districts do look over each others shoulders. With that said, this decision does affect FL persons.
I think what will happen next is Florida will stop recognizing TN as a viable state.
I believe that the registration for offenders should end except for repeat offenders and actual predators.
There are people who are on the registry that have not committed the crimes they are accused of and it was just the point of a finger that someone that was angry or had a vendetta against them.
Then the supposed victim was manipulated to say what they did. And had nothing to do with the accused.
Thank you for letting me vent something that has been on my mind for quite some time.
How would registration deter repeat offenders and predators?
Nope. Sex Offense Registries (Hit Lists) shouldn’t exist. Not in any shape, for anyone. If you are one of the people who fantasizes that they do anything useful, I’d encourage you to visit reality.
If a person is dangerous then he/she can be on probation or parole. Other than that, forget about it. A person who is on probation or parole can only barely be controlled. After that, it is impossible and therefore useless. But the Hit Lists aren’t just worthless, they are a lot worse.
Good! The judge used the term “punishment” regarding ex post facto application of the registry. I suspect the state is already preparing an appeal to the 6th Circuit. Any decision there would only be precedential only in that circuit. However, for everyone else, the circuit decision would be persuasive in other circuits.
Each determination that the registry is punishment adds weight to constitutional arguments of ex post facto and bills of attainder. Eventually the scales may tip away from the 2003 Alaska Smith v Doe decision. Hope springs eternal.
Veritas.
6th Circuit already has ruled registry to be ex post facto punishment. This case cited them.
Thanks Jacob. I just browsed the Does v Snyder decision. It seems that nation-wide precisely what restrictions constitute punishment is ill-defined. Just how tight do the the thumb screws need to be in order to be considered punishment? The answer to that question is–quite literally–all over the map.
So in the 6th Circuit, at least some provisions of Michigan’s SORA constitute punishment in effect and thus can violate ex post facto. A question I would like to ask is, if that is true does it also constitute a bill of attainder? Those two are mentioned in the same paragraph of the constitution. I’ve read that bills of attainder are also prohibited in all 50 state constitutions.
In my little pea brain, if a court were to declare a registration implementation as punishment then the argument could be made that punishment is being applied without a trial. In order to give citizens adequate notification, criminal statutes must clearly specify both the elements of a crime and the punishment for a violation. I have yet to see a statute that specifies registration, and certainly not specific provisions, as a component of statutory punishment.
A successful bill of attainder attack would be more sweeping than ex post facto decisions. If registration is considered punishment and a bill of attainder, then not just those whose crime was committed prior to legislation would be affected. If considered a bill of attainder a registration implementation itself might be invalidated.
This is just a thought on my part. Any legal scholars out there?
Veritas.
I find rulings like these so frustrating and misguided because of the nit-picking involved as it applies to individuals. It’s a slap in the face and a form of favoritism. So I disagree that piece meal “wins” such as these help the collective. Why? Baby steps (the long game) is gonna take decades to gain any traction in actually dismantling the registry.
The registry will never be “narrow in scope” or robust. It either works or it doesn’t. Clearly it doesn’t, but they actively and rigorously defend this train wreck.. There’s no pride, passion or purpose in promoting, upholding and defending a boondoggle.
That’s why I continue to say we’re all being held hostage in the court of public opinion. There is no reasoning with people who believe in magical thinking.
This is the way the justice system works. The United States Constitution only gives federal courts authority to act within the confines of the specific cases or controversies before them. Unless the lawsuit is a class action suit, or the court completely strikes down a law as facially unconstitutional (vs. an “as applied” challenge), which is very rare, courts do not have the legal jurisdiction to affect individuals who are not parties to the case.
I think lots and lots of people know the Hit Lists don’t work, but they don’t care. They are happy just to be hurting people and to have an outlet for their hate and vengeance. That is what they want. America is obviously an immoral country. We’ve seen plenty just in the last couple of years that prove it.
Yup. I think the registry is a lot like the old town square pillories, where a perp’s head and hands were secured within holes in a standing wooden plank. The townspeople could mock and throw things at the perp and could feel they were better than him, even if they were destitute themselves. Of course, it may have reduced crime somewhat as well. But politically, it was just a way to express hatred and to allow people to personify evil in their own minds.
Here’s to the day when we at last can benefit from similar rulings.
AWESOME! Now if only we can win our Ex-Post Plus challenge.
Can the state sue to over turn decision in the supreme court?
It would go back to the Snyder court for the first appeal ironically. I IRC, the Supreme Court has already refused to hear Snyder.
The state can appeal, but it first goes to the 6th Circuit. Since this present case was in large measure won based on 6th Circuit precedent, the state may have a difficult argument. If the state did lose there, it could ask for a rehearing by the full court, i.e. en banc. The final step would be a petition to the Supreme Court, which may or may not decide to hear the case.
Ed C
I just saw an article on Friday that said the supreme court has refused to hear more cases than ever over the past 6 months. I am talking big cases not related to registry.
They are staying mum on abortion, elections, and many other high profile subjects. So that could be a good or bad thing for us. Good if we win and the state cannot get a higher hearing or bad if they win and we cannot be heard.
As I have said all along though, it is much ,more likely one or two individuals get a win than the entire registry being tossed. That is why so many are getting arrested for spitting on the sidewalk etc. Law enforcement knows many of us are approaching that 20 year mark where we can petition to be relieved of obligations. And they are running scared
Can we not get a very large group together and file suit under the same basis??
Good Question R.H.
I am so weary of hearing about wins howbeit small or so called great!
I’m in. I don’t care too much about cost