Motion for Reconsideration (of Dismissal of Vagueness Claim) filed in EPF II

As mentioned last month, the Ex Post Facto Plus II is moving forward. Some of the claims were dismissed, but others are proceeding.

One of the claims that was dismissed was Vagueness. But the Statute is hopelessly vague when different people (including different employees of the FDLE) interpret meanings differently. As the Judge had to question the logic and meaning of some of the requirements, the Judge also illustrated the point that the statute is vague.

Earlier this week, Attorneys representing Jane Doe filed a Motion to Reconsider the dismissal of that claim. The Motion can be found below:

Jane Doe v Swearingen – Motion for Reconsideration

9 thoughts on “Motion for Reconsideration (of Dismissal of Vagueness Claim) filed in EPF II

  • March 4, 2022 at 7:37 pm
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    Perfect!
    The court obviously erred because they specifically mentioned how vague the language is within the same document!
    And because they made a glaring error, we have standing to petition for relief (by correction).
    Also, the legislature is currently wrestling with the language. And we have case law with vague language that is eerily similar on out side.
    Excellent!

    Reply
  • March 4, 2022 at 8:24 pm
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    Wow lots going on this month. I guess that is a good thing. I know only so many suits can be filed due to funding. If some of us could get a win, we could get a good job and be able to help others who get passed over.

    Reply
  • March 4, 2022 at 10:28 pm
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    Can someone please tell me the steps needed to notify the sheriffs department of planned travel outside the state. I was thinking of driving to NYC and spending a week there and driving back, possibly stopping in NJ for a few days. I would be stopping overnight back and forth. I have no idea where I would sleep for the overnight trip up or down as it’s based on how tired I get and where I am at the time. If I print out my hotel reservations and bring it to the sheriffs office is that all I need to do, do I then need to return to the sheriffs office when I get back to Florida ?

    Reply
    • March 5, 2022 at 7:17 am
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      ExMedic

      I believe you’ll have to tell them where you’ll be staying in NY since you’ll be there for more than 3 days. Not sure about hotel reservations being given since you probably won’t be staying there for 2 days. Worse thing you can do is ask and if they need your reservations give them a few options of where you may stay since your aren’t psychic of where /when you’ll be sleepy. When you get back to Florida make sure you let them know your back within 48 hours. Keep all your receipts just in case.

      When I lived in Florida I had to tell them in person within 48 hrs of going out of state and I called them when I arrived back in Florida. Every sheriff department is different. I rather give them what they want than to spend time in a cell.

      Reply
      • March 5, 2022 at 6:10 pm
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        Thanks for the info. My biggest confusion was if I had to tell them I’m back. Thanks again for settling that for me. I tried reading the statute and it’s so confusing and convoluted. I couldn’t make heads or tails of it.

        Reply
        • March 6, 2022 at 9:46 am
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          ExMedic

          Do not feel bad. I am college educated and my head spins every time I try and figure out the loop holes, pot holes, and A-holes of the registry rules, laws, requirements and statues. It reads like a bad reference book that keeps getting updated but you are rarely notified the new edition is ready.

          Most of us blindly sign the form at registration that says we agree to everything not even knowing what the Hell they are talking about. Things that no other citizen in the U.S can be charged for, we can be sent to prison for, possibly for longer than our original charge. I have given up on figuring it out and just live my life day by day.

          Reply
    • March 8, 2022 at 1:03 pm
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      I have a summer trip on a friend’s sailboat that involves being in 4 different states, but only one more than 3 days. I have seen a website that had references to all the states SO laws. Does anyone know what or where it is?

      Thanks.

      Reply
  • March 6, 2022 at 5:29 am
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    Sooo, the best that can happen is they’ll have to write it “less vague”? As far as removing people, especially convicted pre Megan, it just won’t happen here huh?

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    • March 6, 2022 at 8:41 am
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      No, other provisions are challenged on ex post facto grounds.

      Not sure whether it could result in any removals.

      Reply

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