WY: Changes in laws allow for retroactive harsher punishment according to state supreme court.
A bad decision out of the state of Wyoming, where the state’s supreme court allowed changes in registration laws to be applied retroactively against a man whose offense occurred more than a decade before the changes.
Jeffrey Earl Harrison committed a sexual offense in 1994. He was not required to register, because at the time registration was only required for people whose offenses were committed against someone under 16. His offense was not.
In 2009, the law changed and required registration regardless of the age of the victim. Harrison was forced, retroactively and after 13 years, to register.
The Wyoming law, however, had a way off. After 25 years, one could petition for removal. So in 2019, 25 years after his offense and conviction and no subsequent convictions, he petitioned for removal. And was DENIED!
The District Court found that the removal statute required that someone register for at least 25 years. Since he had only been registering for 10 years (because he was not required to register for the first 13 years, as the statute didn’t require it), he would not be eligible for another 15!
WTF, right?!?! So his 25 years of good behavior don’t count for anything and someone who committed a far more heinous crime a decade more recently than him will become eligible for removal before he can, all because a change in the law that’s applied retroactively when it comes to the punitive aspects, but not when it comes to any benefit.
It’s hard to believe, but you can read it for yourself here: https://documents.courts.state.wy.us/Opinions/Harrison%20S-20-0153.pdf
Wow man. Thats just some unbelievable garbage. It makes me wonder if even the Supreme Courts are swayed by false public hysteria.
They clearly didn’t want this man off the registry. Seems they found the perfect loop hole to keep him on..
Of course SCOTUS is swayed by the public. This is the same constitution that once said slavery is legal and women couldn’t vote. Then once public opinion changed, they suddenly and magically interpreted the constitution differently.
That’s just it, they are always trying to eliminate loop holes unless they are in their own best interest.
At least in FL we have the benefit of Ron Kleiner who successfully argued here, “you can’t move the goal posts!”
And yet the courts consistently rule that various registration schemes are simply civil and administrative in nature…not punishment. Seems they can’t have it both ways but they do.
This is a Crazy situation, and I experienced the same rejection, My wife wrote a letter to the state for civil rights restoration, and was told I had to waiter another 10 years to apply because the Rules just changed, even though originally I qualified to apply, THEN another rejection when I tried submitting my letter from the State of my conviction, stating that I no longer have to register, because my conviction was 10 years registration, and in 2007 it was complete. That State mailed me a formal letter stating this along with presenting it to the State I currently resided in, which is Florida… Florida said the letter means NOTHTING….and that My Conviction from that state is “Similar” to a charge in this State…And Here I am…. I’m sure this can be fought, BUT who cares about me RIGHT!!!
CM,
How did FL even find out about you?
Let’s face it…government is out of control and the Constitution no longer means s–t! I hate to think of what it may take to correct these numerous injustices that are taking place around this land of the free.
Wyoming charges for registration ($120 initially, $25 per update, plus 25% for the county) – that has more to do with their desire to keep this man registered than anything else.
How dare the court rule that the statute means what it says.
Just like any criminal activity, money is doing the talking…Constitution be damned!