TN: Win in Tennessee – District Court Denies State’s Motion to Dismiss and Grants Injunction on Ex Post Facto Grounds
A Tennessee Federal District Court last week denied the State’s Motion to Dismiss and ordered an injunction preventing them from enforcing the sex offender registry against an individual whose offense pre-dated the enactment of the ordinance.
The best part of this case was that the court based its opinion on Ex Post Facto grounds!
A copy of the long and well reasoned opinion can be found below. The opinion is a useful read for those who want an explanation of what “ex post facto” is, as the Court’s order is quite comprehensive.
Tennessee is one of the states in the 6th Circuit Court of Appeals, along with Michigan – which is where Does v. Snyder came from, Ohio and Kentucky, where the reform movement is beginning to see some traction.
Tennessee District Court Order Granting Injunction
Sure would like to see progress in Flori-duh.
Win?????????? yea that only helps those convicted before the ordinance was constructed. It doesn’t help any of us after. Its the ones on the list that are taking the beating day after day. I apologize if i do not jump up and down seeing that every other decision goes against those of us on the list
Any win is chipping away at the registry.
It still helps you because its precedent. Applied to the full extent, It would mean the state (Aka government) wouldn’t be able to add any new requirements to YOUR Registration. Which if you live in Florida is done all the time. That’s how you personally benefit. Also, Just be happy for others.
Very well said, JC.
Glad to see another in the win column. I’m curious as to how many Federal wins against the registry in some sort of way do we have thus far under our belt.
In the beginning of the opinion it states….the core interest protected by the Clause “is not an individual’s right to less punishment,” but rather the “lack of fair notice” given by the government. Weaver, 450 U.S. at 30.
Does anyone remember when the rest of us were given fair notice of any of these laws being enacted?
When my son was arrested for possession (he did not search or download but shared an email), even police friends of ours were shocked at the amount of punishment my son received.
Thats great news. I wonder if it will pass appellate scrutiny.
Hallelujah!!!!!!
It is beyond outrageous that anyone would think the Registries, and the extra nonsense, are acceptable.
I’ve never lived in Tennessee and I never will. I have been there quite a lot. I’ve never paid attention to their Registry “laws” and I never will. Their law enforcement criminals, and any others, had better pray that they never get so weak one day that they make the mistake of arresting me for anything related to the Registry. I will deliver far more consequences to them than they will to me. I promise myself.
And speaking of which, it is not acceptable that Registries exist. They are an act of war. Therefore, people must rise and wage war every day against all Registry Supporters/Terrorists. Start with the criminal politicians who helped the Registry cancer grow. Include their enablers. No RS/T should remain unharmed. It can all be done legally. But take real action. Someone on here recently said that the time for sitting around and complaining about this war is over. I agree. I’m taking actions. More every day. I’ll ensure the Registries are worthless and cause widespread harm. It’s the right thing to do.
Two thoughts here:
I found it pretty encouraging that this court implied that it would like to see evidence that the registry is effective. Pretty sure they’d have a hard time doing that.
I can’t help but wonder how much longer the USSC is going to keep dodging the constitutionality of the registry. Normally, their primary criteria for hearing any case is a difference of opinion among the circuits, which is there. In fact, if I read correctly, this court pointed out that there’s even a difference of opinion among different panels of the same circuit court.
I keep reading the word “convicted” what if you wasnt convicted rather Adjudication Withhold? (Florida)
other issues was Dean fisher tried this in Iowa in 2018
didnt make it far died in congress
Dead/Failed/Vetoed
(6/14/2020)
https://www.billtrack50.com/BillDetail/1035556
https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=HF79
A bill for an act modifying sex offender registry requirements by requiring sex offenders whose registration requirements have expired to reregister, and providing penalties.
This is encouraging for sure. I’m in Florida currently, Volusia county. I’ve been about to build a decent life but having kids if my item it is incredibly frustrating at times. We are considering moving to Indiana next year not only because if registry stuff but just a better life. Hopefully the small victories will lead to bigger ones and we can all finally live free, in the home if the free.
This is really good!!
The sixth circuit not only sees that the registry is ineffective, but also that the recidivism rate is very low!
They also acknowledge that the registry does more harm than good and that it is wrong to keep adding more and more laws and restrictions on top of what was first in place, so…..this is really good!!