Another Michigan Sex Offender Registry Case
News About Sex Offender Registry – Michigan
The Michigan Supreme Court is hearing a case today concerning a man who decades ago touched a girls breasts. His probation and community service were completed in 1997 and his case was dismissed. He has no conviction.
Even though his criminal case is sealed and the general public would otherwise have no knowledge of the non-conviction, he remains on the sex offender registry in Michigan.
The state is opposing his suit to get off the registry, claiming the sex offender registry is not punishment. After the 6th Circuit (Michigan’s appellate circuit) and the State of Colorado, found otherwise, it will be interesting to see what the Michigan Supreme Court finds.
Application to Florida Sex Offender Registry
Of interest to us in Florida, the registrant who is the subject of this case is on the Florida Sex Offender Registry (even though he doesn’t live in Florida, he lives in Michigan).
We hope he’s successful in getting removed from the Michigan Registry and then seeks removal from Florida too!
For more information on the case (including links to all pleadings) click here.
To watch the oral arguments, click here.
It’s all about job security for those who monitor the registry. They are serving no purpose other than their own interest.
Please keep us informed !!. Heck, I might just move to Michigan long enough to get off the Registery !!!! If it works !!!!!
Florida is sick. There are people on the registry here they have never lived here, the only vacation here for a short time years ago and have had their names removed from registries and other states, but still they remain here.
You are correct and it clearly is abuse if the intended use of the registry…to inform people of a “danger” near them.
Clearly the registry is useless…but instances like this vividly illustrates this point and more importantly that the state doesn’t care!
I live in Michigan and have been following both the Temelkoski and Snyder case’s. My question is since SCOTUS denied Snyder, and agreeing with the 6th circuit, that Michigan’s Registry is punitive, doesn’t the Snyder case pretty much trump the Temelkoski , which would mean there is no need to argue or hear re-arguments in the Temelkoski case.
I read in the Paper that, our AG Bill Schutte, asked to be part of the oral arguments, to prove that Michigan’s registry is NOT punitive.
but now that SCOTUS agreed with the 6th circuit that it IS punitive, isn’t the Temelkoski case a mute point now.
Keep in mind the briefing in this case started about a year ago, the SCOTUS denied Cert in Snyder this month.
The AG did file an Amicus Brief in the case, but again this was in October of 2016 and a supplemental brief last month. In that supplemental brief, the AG said, “Does Michigan’s Sex Offenders Registration Act impose a punishment? That is the same question the United States Supreme Court will decide if it grants certiorari in Snyder, et al v
Does #1–5, et al (U.S.S.C. No. 16-768). Accordingly, this Court should hold this case in abeyance pending final action in the Does case.”
Michigan asked for the same.
One would hope (and expect) that what is appropriate in one case is also appropriate in the other case.
I have often wondered how an act could be un-Constitutional in one district and not in all districts. It seems that we have lawyers playing legal games with citizens. How long can we ‘hurry up and wait’? Everyday life is passing by for individuals and their families. Maybe I just can’t see the ‘big picture’ but it surely seems wrong to me.
The Snyder case, was already decided on the 2nd, it was denied as everyone know by now, so since we won the Snyder case, the Temelkoski case should be a mute point now, because it the temelkoski case has some of the same arguments as the Snyder case. Michigan’s AG and Governor and Col Etue of the Michigan State Police have already lost in the Snyder case, so they should automatically lose this one as well, in my opinion it shouldn’t even be argued now.
SCOTUS already deemed Michigan’s Registry as punishment, and Temelkoski should be punishment as well, just by default.
SCOTUS denied Certiorary in Snyder. They didn’t hear the case.
While that means the 6th Circuit decision stands, it does not mean SCOTUS deemed anything. If SCOTUS had issued an opinion favorable to the Does, it would have benefited the entire US.
Let anyone who thinks that it is not punitive live under its conditions for a year or so and then ask what their opinion is. To treat US citizens who have paid their debt to society in such a manner is not only punitive; it is criminal.
Capt, I think that is why the States are Fighting it so hard, Because they KNOW ITS CRIMINAL ! AND they KNOW people are going to SUE THE S**T out of them, So their just trying to put off the Inevitable !!!. What will probably (and if it ends the Registery now then I say do it) happen is, The States will come up with some kinda amendment that says, IF we recall the Registery, You can’t sue us !!! I’m almost positive that this is why the States haven’t already removed it !! Other than the GOBS AND GOBS of money they get from the Feds !!!.
even if you move from florida to be removed from the
registery and move back to florida you will have to
re-register. this state will not see your registery
from some other state as being removed.
Florida does not remove you from their registry if you move out of the state.
Ohh. We won’t be coming back !!. But, If I’m correct, We move to Michigan, Get off the Registery. Then we can move to any state that doesn’t have lifetime Registery and not have to Register !!! Correct Until All the States stop the Registery !!. Just looking at the fastest way to begin living again !!!
Tired – you are correct as far as the registry in states you move to. HOWEVER, as things stand right now (keep in mind we exist to try to change these laws), Florida will keep you on the FLORIDA registry even if you move to another state or another country.
Yes I understand this completely. But, If someone in Boise Idaho does a Search around their area, Or even the State. I (or anyone off the Registery) won’t/Shouldn’t pop up !!. While I was in Idaho last Christmas, I did a local search, And my name Did NOT pop up !!. Anyone Wanting to check, Would have to put my Name into the Search to find my listing in Florida. And being 2500 miles away from the original state of listing helps ALOT when people search Their Area.. I discussed it with my better half last night, And she’s all for moving to Michigan until I can get off !!. Thank God we both like the colder weather. Lol. But it’s just a Crying Shame,That we have to (Try to) jump through some “Gray Area” hoops in order to try to get our lives back !! Lives that should of been given back after we paid out Debt to Society JUST LIKE EVERY OTHER EX CRIMINAL !!!!. It’s sad that most everyone today doesn’t even Blink when a Ex Murderer moves next door, But flips out and is willing to almost (Sometimes do) KILL a Ex Offender if they move next to anyone !!. NOTHING is more final than DEATH !! Atleast a victim of a Sex Crime has a 50/50 chance of living a normal life and growing old !. And no I’m not making any excuses for my or anyone’s crime !!!. Just saying !!.
Tired, Because you stay on the Florida registry, you will have to register in whatever state you move to. It also might mean when you get to Michigan you may have to be on their registry. Only lawyers can help to try and figure out what happens when you move from Florida, be careful…
Susan – please cite the source for your advise. The information you are sharing may not be correct.
I’ve already checked several states !! If your NOT on the Registery when you leave the state your living in, And move to another state, I WON’T have to register !!. But if I do EVER move back to Florida, I’ll have to Register !! Once you’re off the Registery, You’re OFF unless you move to a State that requires LIFETIME Registration !. This is what Idaho, Washington, Oregon and Utah had all told me !!!. Maybe it’s wrong, But it is what I was told !!. But a word of advice, IF you like being able to Own Black Powder Weapons (Florida allows anyone including Felons to own them) and don’t want to “Give Up” your “Security” !!, Don’t move to Utah, Idaho, Or almost all Western States !!. Most of them have passed laws that prevent felons from owning ANYTHING that is considered “Dangerous” ! Including a Bow and Arrow, Black Powder, Spear, Baseball Bat, Large Knife and much more !!. BUT you can get off the Registery after 10 years !!. It’s your call !! I want off, But value my Security ! It’s a hard decision to make !!!.
What I believe the write is referring to is the requirement that if one registers in one state they will also have to register in another state. Since FL is a lifetime registration that ,to me, means that no matter where one lives or moves to, one has to register even though that state may not require it if one on the FL registry. Also, the FDLE reports to the national registry so those who’s names are removed from the resident state may be flagged.
A very interesting legal quagmire to be sure !!
Because you are on the Florida registry , If and when you leave the state of Florida, you have to bring paperwork from Florida, which says you are on the registry for life. The new state will have a hearing and decide what tier you are, and how long you have to be on their registry. Florida tries to maintain control of you, even after you leave the state
http://www.legis.la.gov/Legis/Law.aspx?d=452031
This says anyone convicted of an offense in another state has to abide by the laws of Louisiana.
Here’s for https://www.dps.texas.gov/administration/crime_records/pages/faq.htm#a1Texas. You have to be very careful which state, read all the laws and speak with legal council.
One problem. A number of state laws provide for the following.
1. Registration for anyone convicted of a qualifying offense in the sate.
2. Anyone required to register in another jurisdiction.
and, most importantly
3. Anyone convicted of a substantially similar offense in any other jurisdiction.
Some states require an out of state offender to register for life or “indefinitely” even if their qualifying offense would not require them to do so had they been convicted in that state.
Moving to another state like Vermont, etc. would not automatically relieve you of any obligation to register in other states. What are the odds that if you were a Vermont registrant and you came to Florida in Year 9 that come Year 10 when you are automatically removed from the registry in Vermont you will be removed from the Florida registry? Same question for the Federal “registry” as it applies to the international travel rules? Think snowball and hell.
My son, now 29 was picked up in a sex sting. One of the lawyers that gave me advised told me not to worry – that it was entrapment and he knew how to get him off – so four years later , our lives have been turned upside down, wife with two kids left him, lost a job he enjoyed. It was unfortunate that he was enticed in the internet, little will power and thus happened. An other wise good person, no problems in the past . My only comfort even though he had intent he never went through harming another human being, because he got caught, thank God, but now he is on the registry . He made a huge mistake , I’m not denying that , but it’s in humane how they don’t care about the person and practically destroys them . I would like to be involve to make changes to the law and pray for redemption, restoration so that these repented individual and their families have a better quality of life.
What everyone needs to remember is, Even if you get off the “Registery”, YOU’RE STILL A SEX OFFENDER !!!. You’re just not made public !!!. And most of you/us, Won’t have all the extra “Punishment” that is currently upon us. But we’re still labeled a Sex Offender !!. So even if we get off the Registery, We’re NOT all free and clear of Issues !!. Not wanting to pop anyone’s bubble, Just want everyone to know what will happen !!. We will ALWAYS be a Sex Offender, Unless we get our Record Pardoned from our Governor !!!. I’m hoping that other states will pardon Florida Convictions later down the road, But as now. This is how it stands !!!!
@tired,
IF we should ever get off the list in FL., what about us that had adjudication with held?? i have searched and i have no visible public record in the FDLE. I would think i MIGHT be able to live a normal life at that point.
Jerry, if you had a withhold of adjudication you have no conviction, you are not a felon. However, if someone does a background check, they will find the WH in your record. The only way to get something removed from your record is by getting it expunged. Bad news, however, is that 943.0585 provides that “any violation specified as a predicate offense for registration …as a sexual offender pursuant to s. 943.0435, may not be expunged, without regard to whether adjudication was withheld…”
Basically – someone would have to do a background check on you to find it, or know their way around the clerk of courts’ online search.
I believe the distinction is “registered” sex offender. If you are no longer required to register, you are no longer required to abide by the requirements that are ancillary to registration in your State. Not having to appear in person at the sheriff’s office to register, notify of travel, changes to vehicles, employment, etc., etc. is a huge relief. Especially when accidentally forgetting to do so is a felony. Another significant stressor that comes from being on the registry is never knowing what new requirements the legislators may come up with tomorrow. Today you may have a home, but tomorrow someone can pass a law displacing you. Today you may be employed, but tomorrow someone can pass a law making it impossible to continue your employment in that field or at that place.
Tired, you stress the label “sex offender” (so much in fact that you put it in all caps with 3 exclamation points), but anyone can call anyone a name. Being registered and having to abide by the requirements at the threat of a felony, is much more than being called a name.
The courts and Government is who’s calling us this label !!! Just because we get off the Registery, really doesn’t mean as much as most people are thinking !, That’s what I’m saying !! Even without the Registery, A simple search of ANYONED ARREST RECORD, Will show the “Sex Offender” status.. yes we loose all the Extra Crap added to us, But we will always be labeled it !!. And unless your end of Sentence was before Sept 1991(I think). You will STILL be on the Registery !!. But without the extras !!!. Just didn’t want people thinking the “Label” went away, even though we all wish it would !!!
It seems we are not the united states anymore but should be just called the americas for which we seem to be 50 individual countries that are alowed to make their own opinion and laws governing them.
The Adam Walsh Act and similar federal laws, created minimum standards which states must follow, but states are allowed to create harsher regulations.
When is a decision expected on this?
There is no timeline for an order.