Some good news (or, I should say partial good news because a dismissal was upheld on due process grounds), out of Virginia where an Ex-Post-Facto case was reversed and remanded after being dismissed by the trial court.
In 1994, Prynne was convicted and sentenced to probation for having sex with a 15-year old for which she served as the family nanny. The following year the Virginia registry was enacted, a few years later the length of time one had to register for was extended and over the course of 25 years since, the finish line kept moving for Ms. Prynne.
The court used the expression from the 6th Circuit, that Smith v. Doe should not be seen as a blank check for states to enact harsher and harsher registration requirements and that the Plaintiffs complaint alleged sufficient arguments to proceed and she should have her day in court.
The opinion can be read here: Prynne v Settle – 4th Cir
“The lifetime
requirement that she register as a sex offender, she argues, is “irrational” because the
registry does not actually achieve its purpose of preventing recidivism and because Prynne,
in particular, is “not a recidivism risk.” Appellant’s Br. 42–43. However, the Court is
compelled “to accept a legislature’s generalizations” and finds the State’s contention that
VSOR protects the public by reducing sex offenses a “conceivable basis” for the law.
Heller, 409 U.S. at 321; see also Smith, 538 U.S. at 102–03 (finding Alaska sex offender
registry served a legitimate purpose “by alerting the public to the risk of sex offenders in
their communit[y]” (alteration in original)); Under Seal, 709 F.3d at 265. Indeed, in the
eyes of the legislators who enacted VSOR, that Prynne has lived “a model life” since her
conviction, supports the conclusion that the registry helps prevent recidivism.”
So the legislators opinions trump empirical evidence in a court of law.
What does any of this mean for florida? Sorry if I sound petty or anything but all I see is other states getting some type of relief but not florida I thought this was supposed to be about Floridians on the registry.All I ever see is other states.Im sorry but I’m just over all of this
This has to do with Virginia, not Florida.
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For Florida’s Federal circuit, its persuasive authority, amirite?
The rabbit is out of the hat. When other circuits join in on that 6th Circuit home run of Does vs Snyder the winds of change have arrived.
Prynne is a fine example of what’s going on. Her and hundreds of thousands shouldn’t be on any registry. Period.
I spent 29 years serving my country and I do not intend to rest until my voting rights are restored. Had I stayed in Virginia I could now vote but I came to Florida to help out my parents. Other than some of Florida’s antiquated laws I like living here and have made many new friends.
Problem here in Florida is 25 years starts upon release! That’s messed up as my reg started long before that. Florida has been adding punishment for decades with no reversals.
JEV – True Confessions
So the 4th is joining the 6th when it comes to ex post facto, is that right? Good news. They should not join the 10th, 5th. Our circuit should be made to join the 4th and 6th.
Were we even aware that an ex post facto challenge had made it to the 4th Circuit before we even made it to the 11th? I wasn’t, but it looks like encouraging news.
Is her name really Hester Prynne? Or is that a Jane Doe type handle.
Either way, for a registrant lawsuit, that names cool as hell! If you know the story.
I’m sure its a pseudonym so she remains anonymous.
For anyone who is confused, that’s the character from the Scarlet Letter.
According to this particular court, quoting the Virginia statute, the registry’s intent is to “protect…communities and families from repeat offenders and to protect children…” (emphasis added)
I would argue that this woman is not a “repeat offender” that communities need “protection” from, though the registry fails in that purpose as well. If she was only committed for one offense (or multiple offenses from the same incident), then she is not a “repeat” offender, by legal or any other definition.
I would also think the same applies to 90% of current registrants, though I wouldn’t bring that up in this case.
4th Circuit, you mean.
Sorry – good catch.
I have a friend in Virginia who was released from probation a few years ago. One day he got a letter telling him that his voting rights had been restored. He had not even gotten around to requesting restoration. In Florida we are expected to be good, law abiding citizens; be responsible for our actions; pay taxes, and do all of this without any say in our government…no voting rights. I suppose I shouldn’t be surprised.
@ Capt Charles Munsey Jr. USN Ret. In NY, I got a letter stating that my voting rights were cancelled!! Well, they don’t get cancelled here for a felony conviction. I sent a letter w/documentation to the State Attorney General’s Office (where voting complaints are handled) and cc’d the local lawyer Bar Association, the local aclu and the judge’s law clerk who handled my case (it’s possible he implemented it). It got straightened out real quick. Moral of the story- don’t be afraid.
You mean that I can vote as well? My charge occurred in 1991 was sentence to 4 years probation I was in high school when it occurred I violated got sent to prison.Got out .this is the only charge I ever had.one count one charge I’ve never voted in my life.