ACSOL President Catherine Carpenter Identifies, Analyzes Method to Win Court Cases
ACSOL President Catherine Carpenter, who is also an endowed law professor at Southwestern School of Law in Los Angeles, has identified and analyzed a method that can be used to win registrants’ cases in court. That method, know as the irrebuttable presumption doctrine, shifts the burden of proof to governments when they make allegations such as that all registrants pose a current danger to society and are very likely to re-offend.
The irrebuttable presumption doctrine was used in a recent court victory for registrants in the state of Pennsylvania. The court decided among other things that registration and notification provisions were punitive.
Will we need to hire a personal attorney to use this argument, or can we use it in a class action suite?
What case was the irrebuttal used in? No.? Info on this matter please
It’s in the Article, Pennsylvania, Commonwealth v. Torsilieri. Living in PA, am waiting for the State Supreme Court’s ruling and what if any good will come of it. Last I knew the court should rule on it sometime this summer.
Would like to know if this would work in Florida to get off the registry for people who live in a different State.
Second this question.
Always works in any state that isn’t Florida.yawn
Still waiting for any forward motion in Florida. Car is still in park…
Ah yes Florida. I was convicted in Michigan, I visit Florida with my wife for a vacation and Florida logs me in with a higher crime. Me CSC4, Me in Florida CSC3.
So I went from a high court misdemeanor to a felon.
All the above questions relevant and maybe it’s just going to take time to work this all out. Maybe at least we now have a direction that we can all get behind and support. How many states are going to have to make the same judgment before the SCOTUS will retake it up? We’ve all known for years this whole thing was unconstitutional . It shouldn’t be that hard to prove.
It’s great that we finally feel that we finally have someone that really does care about doing the right thing. That’s so rare nowadays.
One of Michigans State Supreme Court Justices called the Registry an abomination and punishment. Little was done to change Mi. Registry with the exception the 1000 feet law was abolished.