TN: Win In Tenn – Two registrants successful in Ex Post Facto case
Two plaintiffs were successful in challenging the Tennessee Sex Offender Registry on Ex Post Facto grounds. Below is a link to the 87 page opinion, a more comprehensive breakdown will follow.
I anticipate many people’s initial reaction will be “but it only helped these two people”, which is true, but keep in mind it opens up the path for those who are similarly situated to follow.
Doe_v._Haslam_et_al__Docket_No
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I always hate when a judge or judges have to scrutinize such a challenge to the law, when in fact they know using common judgement it is. This is exactly why I can’t stand those who work in law enforcement and the judicial system, because they follow blind leadership like a religious faith. They know they punish people wrongly, but seem to be ok with that, and this is why they deserve a special place in hell just for them.
I am not an attorney, but I’ve been following the ex post facto issue for 20 years. This successful suite may not affect anyone in the immediate, but it can be used as a precedent in suites filled by others in other states. In other words, every win in court is more ammunition for others in other states.
I know the slow pace is frustrating. It is for me as well. The problem lies in the fact that these legislators see trying to repeal laws that they no do no good as political suicide. But, the tide is SLOWLY turning, but it is turning. The ignoring of the ex post facto, I have to register for life for one low level offense committed over 30 years ago. The first, last, and only offense. I deserved to do some time and I did. I benefited from it. But to have to register for life, when I’m a low risk, because of a bogus article in a lay magazine is beyond frustrating.
So what made their case successful?
This is the kind of post that is so frustrating.
The continuous piling on of ever increasing lengths of registration, reporting requirements, presence and residency restrictions along with online id’s, screen names, etc. collectively and retroactively led the court to rule that Tennessee SORMA constitutes ex post violation and punishment. It was an “as applied” ruling, thus relief only to the two plaintiffs.
Expect to see alot of similar legislation in SORNA states.
Litigation , not legislation. My mistake.
Wish washy. No clue if the law as applied to folks without the lifetime
Requirement is bad. Also no indication if the extension of time for registration for out of state registrants move to Tennessee is OK or not. The normal lesser registration requirement in Tennessee was 10 years, but if you had been off sanctions for 10 years and moved to Tennessee you had to wait another five years during which time all of the restrictions applied including the residency restrictions
Related issues and legal authorities applied in our case? Sorry, I’m not a lawyer and don’t understand much of this. Thanks
Could this be used as a case reference for our ex post facto suit?