Yesterday a federal appeals court ruled
that retroactive application of Michigan's Sex Offender Registration
Act (SORA) violates the Constitution's ban on ex post facto laws. In
doing so, it offered a scathing assessment of such laws that suggests
they make little sense even when they're constitutional.
Article here. (via reason.com 's Hit and Run blog)
Responding to a challenge brought by five men and one woman who
committed sex offenses before Michigan's legislature expanded SORA's
requirements, the U.S. Court of Appeals for the 6th Circuit concludes
that the added provisions, although framed as civil regulations, are
mainly punitive in their effects.
The cool thing is I represented a defendant earlier this year for petition to be removed from the SOR. We based the petition in part on the Ex Post Facto violation. Judge wouldn't really rule on that part of the petition. So back to court again we go!
ReplyDeleteAt least now you have a circuit ruling to rely on. Best of luck to you and your client. Maybe now the registry as a whole is open to a "cruel and unusual punishment" challenge or a "proportionality" challenge. Go get 'em and don't ever back down. Go toe to toe with the state no matter how angry they become.
ReplyDeleteAt least now you have a circuit ruling to rely on. Best of luck to you and your client. Maybe now the registry as a whole is open to a "cruel and unusual punishment" challenge or a "proportionality" challenge. Go get 'em and don't ever back down. Go toe to toe with the state no matter how angry they become.
ReplyDelete