VA: Win in Virginia as 4th Circuit reverses and remands ex-post-facto registration case.
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
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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.