Legal Update: Reply to Response and proposed Amended Complaint filed in Ex Post Facto Plus Case
A new document was filed in the Ex Post Facto Plus Challenge yesterday that included a proposed copy of an Amended Complaint to cure the procedural issue of the Statute of Limitations. It gives us a preview of the complaint that will move forward, whether the amendment is filed into the current case or has to be filed as a separate case prior to February 5, 2021.
A copy follows:
It sickens me that our “justice” system is so blind to what is obvious to the “reasonable” person. FSORNA changes are retroactive on their face and should be dismissed as such. The fact that FAC has to spend so much time and money to make the court see the obvious is so disheartening. The merits of a case mean nothing to our system, it’s all about the technical wording of the case. What a load of bollocks!
Oh, and here is some more “unintended” collateral consequences of being on the illegal, retroactive registry:
https://www.villages-news.com/2021/01/25/sex-offender-jailed-without-bond-following-arrest-at-wildwood-circle-k/
We don’t have a justice system. We have a legal system. Maybe its better to call it a Questionable Legal System (ie whether this or that is legal).
If I am reading this correctly, there is now a Plantiff who is directly effected by Florida’s registry scheme rather than what the court noted before as Plantiffs who were uneffected to keep this case alive.. Am I correct?
Not quite – there’s a plaintiff who is not barred by the Statute of Limitations.
So this statue of limitations, does this mean what you told us in a previous post is incorrect? We cannot in fact go individually now and try and get off the registry after 20 years because the courts will say the statue of limitations forbids it?
I am royally confused and maybe royally screwed.
that is incorrect.
There is a specific provision of the statute that permits that 943.0435(11)
FAC
Ok was just asking. Thanks for the clarification. I assumed the Statue of limitations they spoke of in the Ex post Facto was the courts saying that if we wanted to change these rules, we should have done it years ago.
Maybe not exactly on topic but did you notice that Pres. Biden signed an executive order yesterday to remove all xenophobic language from all government documents. Directed at things like
“ China virus” etc. could that not also refer to the term Sex Offender since it is a xenophobic term . Has anyone brought this to the attention of government agencies . They are now under obligation to follow this executive order.
Not clear on how “sex offender” is a xenophobic term. There are persons required to register as sex offenders born in the United States.
I personally do not “identify” as a sex offender. Rather, I am a citizen who is forced to register. Isn’t that how it works since people can now “identify” as a different gender or nongender?
Not A Sex Offender
Exactly . Why do you not want to be identified as a SO? Besides being false and disrespectful , it causes xenophobic reactions from people that don’t know you.
If you can get rid of the term SO to a term that correctly identifies those forced to register you can remove the fear most politicians have of voting against continually harsher laws against those forced to register. And being labeled under a xenophobic term.
David
No other former felon is forced to be forever labeled as what they did 4 decades ago. Does someone who stole something 30 years ago get called a thief for life? NO.
Although we cannot (Know of us) undo what we have done, that does not mean we are actively offending and yet, we have served our time but cannot move on.
We are reminded of our crime every time we have to register, have a law enforcement officer knock on our doors, or get the “Look” from neighbors as they drive by our house.
If you look up the word xenophobic you will see that it does not only apply to different races but has a very broad meaning that can apply to anything that causes one class of people to look down on another causing racist actions. Like shunning , discrimination, or violence towards another group.
The term is the main problem that is responsible for individuals not getting fair and just treatment in judicial matters as well as social matters.
Terrific! Watch math error on p. 12 of the amended complaint— where it says “.05%,” I think we mean five per cent.
You know your all right or else you couldn’t be texting from your jail cells could you. While I don’t know how jails are since it has been a very long time since I have walked behind bar’s its time all in Florida take a stand. I liked the comment “Ligal system” sure all things are legal but all things ar3e not justifible or why go to court un front of the unjust.
Does the Statute of man’s limitations run out on man’s Wisdom and Knowledge? or is this some ex post facto ready to burst new fruit in this comon law of ill gotten gain? Sure we can say much of this registry is vain in glory or authority pride in much of this computer understanding or even the forgiveness of touch not, taste not, or handle not, but understanding goes a long way. While I am here in VA and mixed up in this a bit all I can say to Fl and many other states is to get on the ball for truth and quit killing yourselves or should we all say their is nothing to fear but fear itself. Nothing wrong with a bit of the Good News.
Good news puts fat on bones. thats a proverb in the bible. and a little righteous is better than great revenue without right.
Continually amazed at how nimble Jonas and Scher are in such situations. Way to keep it on track!