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SCOTUS accepts Indiana offender-registry case

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The nation's highest court has taken an Indiana case that asks whether someone can be criminally prosecuted under a federal sex-offense registry law if that defendant's underlying offense and move to another state predated the Sex Offender Registration and Notification Act's passage.

At its daylong opening conference Tuesday, the Supreme Court of the United States granted certiorari in Thomas Carr v. United States, No. 08-1301, a case from the Northern District of Indiana, Fort Wayne Division, that the 7th Circuit Court of Appeals had ruled on late last year.

The certiorari petition was filed April 22, 2009, with the government's opposition brief filed in August. The petitioner's reply brief is here.

The Carr case was the first its kind in the Circuit. It's now one of 10 cases the justices accepted, including two others from the 7th Circuit - one asks whether the Second Amendment is incorporated into constitutional clauses in order to be applicable to the states, thereby invalidating home handgun possession ordinances; the other case asks whether someone must file a discrimination charge with the Equal Employment Opportunity Commission after the employer's use of the discriminatory practice or awareness of the practice.

In the Carr case, justices will delve into an issue that's been surfacing more nationally and has brought disagreement from state and federal courts. The 7th Circuit issued its ruling in December 2008, combining it with the related case of U.S. v. Marcus Dixon, No. 08-1438. Judges found that a reasonable grace period is required before the federal government can enhance a convicted sex offender's punishment for not registering after a move to a new state and that time frame falls somewhere between zero days and five months.

The judges dismissed claims that federal law was unconstitutional on several fronts and instead focused mostly on the notice received from the federal government before a criminal failure to register with state authorities is enhanced to a federal crime. Overall, the court determined the law isn't unconstitutional and any convicted sex offender must register even if they came to the state prior to the federal law's passage.

But in its certiorari petition, attorneys argue that the requirement violates the Ex Post Facto Clause of the U.S. Constitution and that failure to register under the federal law is not a continuing offense under the clause.

Fort Wayne attorney Stanley Campbell with law firm Swanson & Campbell is one of Carr's lawyers, joining a cast of defense and federal prosecuting attorneys from Washington, D.C., and other jurisdictions.

The high court hasn't yet set a date for arguments in this case.

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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