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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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