TN: Win in Tennessee – District Court Denies State’s Motion to Dismiss and Grants Injunction on Ex Post Facto Grounds
A Tennessee Federal District Court last week denied the State’s Motion to Dismiss and ordered an injunction preventing them from enforcing the sex offender registry against an individual whose offense pre-dated the enactment of the ordinance.
The best part of this case was that the court based its opinion on Ex Post Facto grounds!
A copy of the long and well reasoned opinion can be found below. The opinion is a useful read for those who want an explanation of what “ex post facto” is, as the Court’s order is quite comprehensive.
Tennessee is one of the states in the 6th Circuit Court of Appeals, along with Michigan – which is where Does v. Snyder came from, Ohio and Kentucky, where the reform movement is beginning to see some traction.
Tennessee District Court Order Granting Injunction
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It is beyond outrageous that anyone would think the Registries, and the extra nonsense, are acceptable.
I’ve never lived in Tennessee and I never will. I have been there quite a lot. I’ve never paid attention to their Registry “laws” and I never will. Their law enforcement criminals, and any others, had better pray that they never get so weak one day that they make the mistake of arresting me for anything related to the Registry. I will deliver far more consequences to them than they will to me. I promise myself.
And speaking of which, it is not acceptable that Registries exist. They are an act of war. Therefore, people must rise and wage war every day against all Registry Supporters/Terrorists. Start with the criminal politicians who helped the Registry cancer grow. Include their enablers. No RS/T should remain unharmed. It can all be done legally. But take real action. Someone on here recently said that the time for sitting around and complaining about this war is over. I agree. I’m taking actions. More every day. I’ll ensure the Registries are worthless and cause widespread harm. It’s the right thing to do.
Thats great news. I wonder if it will pass appellate scrutiny.
Hallelujah!!!!!!
In the beginning of the opinion it states….the core interest protected by the Clause “is not an individual’s right to less punishment,” but rather the “lack of fair notice” given by the government. Weaver, 450 U.S. at 30.
Does anyone remember when the rest of us were given fair notice of any of these laws being enacted?
When my son was arrested for possession (he did not search or download but shared an email), even police friends of ours were shocked at the amount of punishment my son received.
Glad to see another in the win column. I’m curious as to how many Federal wins against the registry in some sort of way do we have thus far under our belt.
Win?????????? yea that only helps those convicted before the ordinance was constructed. It doesn’t help any of us after. Its the ones on the list that are taking the beating day after day. I apologize if i do not jump up and down seeing that every other decision goes against those of us on the list
Any win is chipping away at the registry.
It still helps you because its precedent. Applied to the full extent, It would mean the state (Aka government) wouldn’t be able to add any new requirements to YOUR Registration. Which if you live in Florida is done all the time. That’s how you personally benefit. Also, Just be happy for others.
Very well said, JC.
Sure would like to see progress in Flori-duh.