Statement of JUSTICE SOTOMAYOR respecting the denial of certiorari.
Thank you to a member for sharing this:
In New York, criminal defendants who earn sufficient
good time credits before the end of their prison sentences
are entitled to conditional release. Defendants classified by
the State as “level three sex offenders,” however, must first
assure the State that they will not reside within 1,000 feet
of any school. In New York City, this is no easy task, and
the difficulties of finding a compliant residence can result
in defendants serving additional time in prison past the ex-
piration of their sentences. Because petitioner Angel Ortiz
was unable to identify any release address that satisfied the
State’s requirement, he spent over two additional years in-
carcerated when he should have been at liberty. Although
Ortiz’s petition does not satisfy this Court’s criteria for
granting certiorari, I write to emphasize that New York’s
residential prohibition, as applied to New York City, raises
serious constitutional concerns
In denying cert to NY State:
“Despite the empirical evidence, legislatures & agencies are often not receptive to the plight of people convicted of sex offenses & their struggles… the Constitution protects all people, & it prohibits the deprivation of liberty based solely on speculation & fear.”
https://www.supremecourt.gov/opinions/21pdf/20-7846_j5fl.pdf
Safe to say we have at least one sympathetic Justice willing to do the right thing with regard to these registry regimes. But… it’s discouraging that the guy didn’t get a nod from four Justices as required for a grant of Certiorari so the case could be heard by the full court.
Oremus.. as always.
This is First Dictum From The Highest Court in The Land That May Be A Turning Point; However, I Would Be Cautious.
IF RBG,Was Still There, Well, WE May Have Seen an Even Greater Statement Made…..(I am Not Being Political)
May These Words From The Highest Court Be Used To Further Our Causes!
Well Everyone…
Perhaps, WE May BE GETTING SOMEWHERE….
Once Again, a Jurist Who Gets IT!
It’s only a matter of time before this comes back before the supreme court.
So I assume that the case went against the registrant in the lower court?
Justice Sotomayor is assigned the 2nd Circuit Court (covering Connecticut, New York, and Vermont). I’m not aware of there being any notable challenges in the 2nd covering such issues as SORNA, Megan’s Law, s.o. registries, etc. 🤷🏻‍♂️
All three states have “registry lites” so there may not be much to challenge. In New York, most reporting is done by sending in a form within 10 days of the relevant change. I think Vermont has 10 year registration for many/most offenses. And none of these three states has statewide residency restrictions.
David…I was not aware of Such Assignments…..Here is a Listing for all to know!
Per, SupremeCourt.gov
Circuit Assignments
It is ordered that the following allotment be made of The Chief Justice and the Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42 and that such allotment be entered of record, effective November 20, 2020.
For the District of Columbia Circuit – John G. Roberts, Jr., Chief Justice
For the First Circuit – Stephen Breyer, Associate Justice
(Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island)
For the Second Circuit – Sonia Sotomayor, Associate Justice
(Connecticut, New York, Vermont)
For the Third Circuit – Samuel A. Alito, Jr., Associate Justice
(Delaware, New Jersey, Pennsylvania, Virgin Islands)
For the Fourth Circuit – John G. Roberts, Jr., Chief Justice
(Maryland, North Carolina, South Carolina, West Virginia, Virginia)
For the Fifth Circuit – Samuel A. Alito, Jr., Associate Justice
(Louisiana, Mississippi, Texas)
For the Sixth Circuit – Brett M. Kavanaugh, Associate Justice
(Kentucky, Michigan, Ohio, Tennessee)
For the Seventh Circuit – Amy Coney Barrett, Associate Justice
(Illinois, Indiana, Wisconsin)
For the Eighth Circuit – Brett M. Kavanaugh, Associate Justice
(Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota)
For the Ninth Circuit – Elena Kagan, Associate Justice
(Alaska, Arizona, California, Guam, Hawaii, Idaho, Oregon, Montana, Nevada, Northern Mariana Islands, Washington)
For the Tenth Circuit – Neil M. Gorsuch, Associate Justice
(Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming)
For the Eleventh Circuit – Clarence Thomas, Associate Justice
(Alabama, Florida, Georgia)
For the Federal Circuit – John G. Roberts, Jr., Chief Justice.
…………Notice that the Chief Justice Controls to Key Aspects: The Federal Circuit and the DC Circuit!……..