SCOTUS refuses to hear PA case that found sex offender registry punishment.
The Supreme Court of the United States today denied a petition from the Cumberland County District Attorney’s Office to review a July decision from the Pennsylvania Supreme Court that found the state’s current sex offender registration law was punishment and therefore could not be applied retroactively under ex post facto constitutional grounds!
The ruling from the court was brief:
PENNSYLVANIA V. MUNIZ, JOSE M.
The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
Just like the Snyder case out of the 6th Circuit last year, the highest nation in the land has refused to review a case that found the sex offender registry constitutes punishment. This is good news!
If anyone wants to read the PA decision that remains intact, you can read the decision here:
http://www.pacourts.us/assets/opinions/Supreme/out/J-121B-2016oajc%20-%2010317692521317667.pdf
We want to hear cases that effect florida.Other states receive remedies but not florida
Florida is the worst. You should know that. It’s one of a handful of states that still has LIFETIME registration. Perhaps the only that also leaves a registrant on it’s state’s registry after they move away, get deported or die. Our state judges are elected and our politicians are in the pocket of a lobbyist who has a personal vendetta against “sex offenders”. We have a lot more adversity to overcome than most other states because our starting line is miles behind every other state.
We did get a good decision last year in both our SORR (the 11th Circuit reversed) and we got an injunction in the Internet Identifier case, so there are cases that impact Florida and the decisions are not all bad. Our state is just bad.
Florida is a big and tough battle of many surrounding outside battles in a single big war.
The more battles won outside of Florida can leave Florida vulnerable eventually. Win as many as you can outside while fighting yours, then close in with pressure until you can finally put cracks and break through their circled wagons. It is simply strategic. The hardest part is having patience. The most brilliant strategists all had unquestionable patience because wars would last what seemed a lifetime. But eventually, someone has to win. Stay patient and keep fighting.
Send lawers, guns, and money…and a cargo ship full of hope!
Thank you Florida Action Committee! Posting of this US Supreme Court ruling on the PA ruling, is very helpful. Everything that the Florida Action committee has done over the past several years has been phenomenal in helping preserve ALL our constitutional rights that has made OUR country, the United States of America a great country and a beacon of liberty, freedom, civil and humanitarian rights for ALL.
Unfortunately, over the past several years there has been a campaign to undermine the constitution, rights, civil liberties, and human dignities that has made the United States the bulwark of freedom and human liberties, a shining beacon throughout the planet.
There is so much yet that needs correction. But maybe through the sacrifices made by the sex offenders, “niggers”, American Indians, and all other people that have been oppressed by mistakes made by politicians or people of influence through utter ignorance or alterior motives😕
I still believe in the great experiment that is the United States of America! We as a country, as a people need to get our shit together and get back to reality.
I am going to continue to fight the good fight anywhere, and everywhere I can. We all have to be as informed and educated as we can be so when confronted with hard questions as to what why, how, and where, we will have realistic, and educated answers that are convincing. Otherwise we all will come across as a bunch of God Danm idiots!
Send lawers, guns, and money!
Don’t know that I would call it good news. Sounds to me like SCOTUS doesn’t want to hear cases regarding the constitutionality of the registry because it might end the registry en totem rather than case by case and state by state. Will read the opinion when I can; maybe my gut instinct is wrong.
Dustin – you are correct that it’d be GREAT if SCOTUS picked it up, heard it and made it the law of the land. That would be the BEST case scenario.
The worst case scenario would be if they heard it, reversed it and made THAT the law of the land. The fact that they considered it and determined there were no issues worthy of reconsidering is not the best case scenario, but a good outcome.
After SCOTUS denied cert in Snyder (the 6th Circuit Case), we shouldn’t be surprised to hear they won’t pick up a similar case. The chances are; the 10 other circuits will have to bring their own challenges to get relief.
It is good news in the sense that if SCOTUS refuses to hear any case from the next lower court….. then the decision of that lower court now becomes law and precedent for other cases. If the higher court refuses any case, the lower decision stands and cannot be challenged in that case again. So, effectively, refusing the case automatically affirms that SORNA is unconstitutional in PA! This is GREAT news for other states fighting the same kinds of cases, and gives legal precedent to cite!
Yes, good news at the onset. Back in 2003, for the most part everyone knew it was bads news for RSO’s when SCOTUS chose to hear the Alaska and Connecticut cases. Remember, current SCOTUS Chief Justice John Roberts represented the State of Alaska before the Supreme Court. Now the question remains: is SCOTUS simply waiting for more State supreme court decisions to arise before taking up this issue yet again? Or, are the justices letting themselves off the hook for their ignorant decision in 2003 and simply attempting to right their wrong by refusing to hear these new cases? The miracle of miracles will be for such a decision to be issued by the Florida Supreme Court and for SCOTUS to refuse to hear the State’s appeal.
Chances are it would come through the 11th Circuit as the challenge will be in Federal Court.
The thing I like about this case (in combination with the 6th Circuit case) is that this one was a STATE case. The STATE court found, “For those reasons, we find Pennsylvania’s ex post facto clause provides even greater protections than its federal counterpart, and as we have concluded SORNA’s registration provisions violate the federal clause, we hold they are also unconstitutional under the state clause”
The SCOTUS rubber stamping another that contained the language “we find it violates the federal constitution” is a good thing.
Fantastic news!
This should be very good for our ex post facto challenge in the 11th Circuit. Any ideas how this will affect the Colorado case 10th Circuit that the registry was ruled unconstitutional by Cruel and usual punishment by the circuit court
Although it’s not binding precedent, it’s great persuasive precedent. If the same facts and arguments hit the SCOTUS twice and get the same result, chances are you can predict the way they will go if it happens again. We just need to get more cases there.
why?
Figures that these old farts would refuse a case that actually affects tens of thousands when they would rule on a party involving 21 people.
This is American justice for you. Sex offenders are too valuable as scapegoats and second class citizens to be even considered. We have been thrown away by our government.
“Officers were OK to arrest 21 in ‘makeshift strip club’ house party, Supreme Court says” Link to story: https://www.cnn.com/2018/01/22/politics/house-party-supreme-court/index.html
Personally I have had it with the lot of them.
Where is FAC as regards filing the ex-post-facto suit. Will it do so this year?
Yes, please see the recent post. We sent the retainer last month.
Any word on the identifier case we havent heard about in months?
No – the judge has not issued an order in the case yet. It has been pending since the end of October.
This is great news.
I ” think ” and this is only a thought. SCOTUS is not accepting these cases to hear the constitutionality of the laws right now because they are waiting for the right case to do so. They want more balanced agreements and disagreements ( states that say it’s not punishment and states that say it’s punishment)
so then when the right case comes along, they can say ok, now we’ll weigh in on this matter and break the knot.
Until then, I hope more cases from States present themselves as these laws being unconstitutional and punishment. Keep them coming.
I have a wonderful case and I cannot get an attorney to return my phone call….In 1991 I plead guilty to 1st degree sexual abuse in Kentucky which is a Class C Felony…I did not have to register as a sex offender because my plea predated the Sex Offender Registry. I moved to Tennessee where I did not know I had to register. I was arrested and told not only did I have to register as a sex offender in this state but they said the equivalent of the Kentucky Charge was 1St degree aggravated sexual assault which is a class B Felony. So now I not only have to register for the rest of my life, I have to be held to the standards of a Class B felony instead of a Class C!!!! How can they do this!!
So this is like a misdemeanor traffic stop being brought up to a leve of a vehicular homicide. Younare convicted of a broken tail loght and pay the fine and move on. Later you go to another state and that burnt bulb somehow turns into a dui multiple homicide.
Numerous sources state that most happy people have gratitude embedded in their lives. They recommend being grateful for at least three things daily. This practice, however corny it sounds, has been proven thru studies to work, and for those of us out there dealing with the pressures that accompanying being a registrant, I can attest it has helped me and recommend it highly. It seems you find what you look for in life. And if always look for the dark, the negative, that is what life will feel like for you.
In my humble opinion, as mentioned before, SCOTUS could have accepted the case and reversed. A catastrophe for us all.
And so today my three I will be grateful for SCOUTS refusal, for FAC, and for all of you that are being involved!
As a PA resident, and someone to whom the same conditions apply as to Munoz (guilty plea pre-AWA, sentencing post-AWA), what do I do to have my conditions changed to the pre-AWA ones?
Great news!!!!!!!!
I haven’t had time to follow this stuff recently, but isn’t this the case that basically said that the registry as it stands is in direct conflict with the state Constitution of Pennsylvania? Great news.
Yes, and Federal.
It’s not federal, it went to SCOTUS, it was a state challenge, they couldn’t fight it federally due that Pennsylvania construction has grater protections the the United States constitution, if it was challenged by means of federal we would have lost but it was by means of state law and constitution.
disagree – the finding of the state court was that it violated the federal constitution and therefore it was unnecessary to see whether it violated the more stringent State constitution
If it violated federal constitution everyone in the United States would be getting off the registry pre SORNA, freed though Muniz was challenging federal but Muniz was challenging under pa state constitution, I know because I live in pa and have for 20 years, I could be wrong but I don’t think so.
PA determines that it violates Fed law. Fed law doesn’t agree and refuses to consider the possibility.
How is that SCOTUS decision a good thing?
We will win here too, after all, there is always change happening. G is correct, we need to condition ourselves to be grateful because positive energy works to make positive outcomes.
This may not be the right thread to post this, but on ACSOL I surmised that a barrage of civil cases filed by SO victims/family members of vigilante violence tied directly to the registry could be very effective in dissolving the registry, based on local legislatures increasingly repealing ordinances to avoid lawsuits. It would take a lot of them, though. Would be interesting to hear other opinions on the idea.
I agree
It is good news that the high court refused to hear the case ruling sex offenders registry is punishment. ( I never understood) how educated men would take a released sex offender who completed his punishment. Then years later retroactively send him notice that he is now on a list, with restrictions that the best of mankind would find difficult to keep, and mark this individual as an outcast to society. The more challenges that are ruled in our favor, the weaker the sex laws in Florida will become. This hope. something, we have not had (in my case since 1992). Released went right to a job, worked hard, promoted to a corporate position even though I was placed retroactively two years after my release on the registry. Not one run in with the law since my release from confinement. Not even a ticket of any kind. We deserve to live like any other person in the world, I did a bad thing, something I will never forget, something I will never forgive myself of and I pray for my victim to have peace and a good life. I am not a bad person……….. often we cry inside and there are times we cant hide the tears. As I pray for forgiveness, I pray for forgiveness for those that are causing pain and punishment to us. As I pray our courts and politicians open there eyes and see what they are doing to us, our families our inability to live because of them. We are not all Monsters and those that are should be punished by the law, god knows we have enough of them.
I have a question, It pertains to the HB101 law that the State is trying to get passed tomorrow. IF the Registery is NOT considered PUNISHMENT, Then why are hundreds of people getting new charges for not following the IMPOSSIBLE requirements that the “REGISTERY” requires ???. I can’t see how the “Law” can PUNISH anyone for ANYTHING when it comes to the “REGISTERY” !! Because the “LAW” swears it’s not Punishment !!!! I can’t believe a descent lawyer hasn’t crammed this contradicting crap deep down the “Laws” throats !!!????. This has got to STOP !!!. Now we’re going to have to change all our Info if we leave home over 3 days ????? WTF ????????? Who’s gonna pay for a new Drivers License ?? New Registration’s ??, How are we supposed to go do these changes when were not even “Wherever” long enough to go to the DMV ?? It’s all about the MONEY and another way to stick us IN JAIL or PUNISH us more for a crime WE’VE ALREADY PAID OUR DEBT TO SOCIETY FOR !!!!. Something has to be done !! This is TOTALLY AGAINST THE CONSTITUTION OF THE UNITED STATES !!!. Everything about the “Registery” is ILLEGAL according to Our CONSTITUTION !!!. I didn’t know the “Government” was allowed to Bend and Twist the Laws of our Nation to OUTCAST part of our CITIZENS !!!!!??????.
Welcome to the world of the double bind. I totally get where you guys are coming from..Being on the sex offender registry is equal to probation minus the piss test and I am surprised they have not pulled that one over on us. I live in Tennessee and I saw a post on google that people were moving to this state for lax laws on the sex offender registry!! Bull****!! I plead guilty to a Class C felony in the state of Kentucky where I do not even have to register but moved to Tennessee and was told that the equivalent to what I plead to was a Class B Felony in this state and was put at at tier 3 lifetimer. I cannot understand how you plea out to a Class C Felony and are held to the standard of a Class B Felony it makes no since whatsoever!! Then you know how they are suppose to put the state you committed the crime in and have all your correct info on the registry..Well they do not have it on mine..It says no where Kentucky conviction so if you pull me up you would think that I committed the crime in Tennessee and it still says I have a probation officer named Paig Jackson..I was on probation from 91-96 and never had a female probation officer. I cannot believe that I am even having to type this all these years later. I was 18 when I got in trouble now 45 years old, never been charged with another thing period and here I am all these years later having to worry with this Scarlet Letter they have branded most of us with..It sucks, they can walk all over the constitution and do anything they want with us, but like you said..Its not punishment..What do you call it praise??!!!
Shaun,
Florida does not have a tier system, so there would have been no “reclassification”
Some individuals (not FAC collectively, because most FAC members are still IN Florida) who are no longer in FL but still on the registry, are working on a suit to get themselves removed (since they are no longer here and the “public notification” is unjustified).
If you are interested in learning more about the suit, write to legal@floridaactioncommittee.org and we’ll put you in touch with the lawyer.
Shaun,
You can do it, but you will have to wait til you get off the registry in your state. When you get off the registry then go to the tbi.gov website and pull up the address write the a letter asking for you to be removed from the registry and send proof that you were taken off the registry where you are. That should get you off in Tennessee I am not sure about Florida I would think it would work in sorta the same fashion maybe..Best of Luck
David
I’m considering a move from Virginia to Pennsylvania (I’m a native PA boy) to get my mom home so she can be near family for her final days. I plead guilty to my offense in 2001, was released from incarceration in 2007, and completed probation in 2012. With this new ruling in PA, does this mean I will not be subject to registration since my offense conviction was in 2001?
Thanks!
Twitch – you should only trust advise on your issue from a licensed attorney.
Shaun, I’m in the same boat you are in. I was convicted in Ohio in 03, moved to Florida in 07 and back to Ohio in 09. I was removed from Ohio’s registry in 2013, but to this day, I’m still on Florida’s registry, for life. I’ve sent the appropriate paperwork to them but they refuse to take my name down. To this day, I get people who want to be a detective and look my name up and approach me about my convictions assuming I would rape a child, even though my charges were because of a police sting operation.
Anyhow, there have been times where I was held by the police until the sheriffs office where I finished my time on the registry returns the officers call and confirms I no longer have to register because in their system, it shows I’m a registered offender out of Florida. I’ve talked to many cops about this and they agree that each state should have the same requirements because situations like the one I mentioned tie up the time of the department.
I hope you get your situation straightened out, I know I am going to fight until mine is as well.