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SCOTUS rules on scope of sex offender registration law

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The Supreme Court of the United States has ruled that a federal law requiring sex offenders to update their registration when crossing states lines doesn’t automatically apply to those who committed their crimes before the law was passed.

In a 7-2 ruling issued Monday in Reynolds v. United States, No. 10–6549, the court reversed the 3rd Circuit Court of Appeals that had dismissed a sex offender’s lawsuit challenging his arrest and conviction for violating the Sex Offender Registration and Notification Act, enacted in 2007.

Billy Joe Reynolds served four years in prison after being convicted of a sex offense in Missouri in 2001. After his release in 2005, he registered in Missouri but didn’t update his registration when moving to Pennsylvania in 2007. He was charged with knowingly failing to register according to the law and was sentenced to 18 months imprisonment. Reynolds sued on the grounds that his crime was before the U.S. attorney general issued an opinion in early 2007 that SORNA applied to pre-act offenders, but the 3rd Circuit ruled against him and dismissed the suit.

The SCOTUS overruled that appellate decision, sending the case back to the Circuit level for a decision on whether the AG had validly specified such an application. Justices Antonin Scalia and Ruth Bader Ginsburg dissented, writing that they believe the law applies to pre-act offenders regardless of what the AG has done.

Federal courts, including the 7th Circuit, have been split on this issue in recent years. The SCOTUS ruled in 2010 on an Indiana case, Carr v. United States, but the justices sidestepped addressing whether the SORNA registration requirements applied to the original sex offense and instead focused on when the interstate travel occured. In Carr, the court held that the SORNA doesn’t apply to sex offenders whose interstate travel occurred before the law went into effect.

 

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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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