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A victory in Michigan

By NARSOL . . . In 1994 a young man in Michigan, Boban Temelkoski, pled guilty to touching a girl’s breasts. He was eligible for sentencing as a youthful, first-time offender under the Holmes Youthful Trainee Act (HYTA), and in 1997, after successfully completing the program’s probation and community service, his case was dismissed. Nevertheless, he has been included on the Michigan sex offender registry ever since.

Boban filed suit, asking for removal from the registry as he does not have a sexual offense conviction. His case made it up through the court system, and in October of last year, 2017, was heard by the Michigan Supreme Court.

That court handed down a decision today, January 24, 2018, reversing the decision by the Court of Appeals, which was that he remain on the registry, and reinstating the order of the Wayne Circuit Court to remove him “on the basis that requiring him to register violates due process.”

The Michigan ACLU was involved in bringing this suit to a successful and optimistic conclusion. According to our Michigan advocates, the hope is this will pave the way for other HYTA cases to be removed.

NARSOL congratulates Mr. Temelkoski, his attorneys, the Michigan ACLU, and our advocates in Michigan.

You may see the court order here.

 

 

This topic contains 10 replies, has 2 voices, and was last updated by  Bobby 1 day, 11 hours ago.

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  • #32227 Reply

    TS

    Congratulations to those involved in helping Boban be free of the registry. Truly a great effort in securing justice for him and maybe others who have suffered under it.

    When does this go final, e.g. immediately if no appeal period or after an appeal period of 30-60 days?

  • #32474 Reply

    John doe

    Any small win adds to the big win pile.
    Congratulations.

  • #32599 Reply

    Svejk

    Congrats to Boban! He was very lucky to get the ACLU to help. Here in PA, they won’t give RSO’s the time of day, yet one contact with them results in a lifetime of begging-bowl emails for donations!
    Svejk

  • #32657 Reply

    Saddles

    Got to hand it to you NARSOL and the others involved. Keeping them in remembrance is the best thing one can do in this war between the sex offender and being duped or conned in all this ordeal. Human nature seems to want to be right when they are wrong. People would rather believe a lie than the truth and that goes for those in high places.
    Before a lot of this sex offender stuff is over people will understand, I hope, that anyone can make a mistake even those in law enforcement. They are no better than the average citizen. We all cry in a lot of ways for truth

  • #32801 Reply

    Bill

    These rational judgements are happening more and more lately, not just in Michigan; but all over the United States. Glad to see it.

    I wonder why the action on this court decision happened immediately here in Michigan, and not with the 6th circuit court of appeals case Does vs Snyder that we won back in October.

    Anyone have any new information on the Doe’s vs Snyder decision that we won and where this is at?

  • #33348 Reply

    Sam

    This is great for him. He was lucky enough to get HYTA status, my lawyer at the time in Michigan hadn’t told me until I had already accepted a no contest plea the day before my sentencing that I qualified.

    Since then I had moved to NY and then out of the country and am now stuck on the NY registry even though I’m no longer within US jurisdiction or on a registry anywhere else. The list my out of country address and ask me to notify them if anything changes, including my email, phone number, address, etc that anyone living in the state would have to do as well as send them an updated picture every three years.

    Hopefully someone will challenge this and overturn Doe v O’Donnell to match the decision of Roe who was removed due to his case originating out of state and him no longer living in a state that required him to register.

    I’m still waiting for what NY will say in my case but it’s been months without a reply already.

    • #33610 Reply

      Tired

      I would love to know how you were able to move out of the country and which country you live in the accepted you.

      • #33723 Reply

        Sam

        I moved out of the country by getting married in the states, sending all my money to my wife overseas for a year straight, had her buy a round trip ticket for me to visit. Notified the Marshalls 21 days in advance that I was going for a trip to see my wife. Took a plane to a country that is listed on the RTag site which was already my final destination. Really registered my marriage here. Then applied for a spouse visa. When it was approved I informed NY that I was moving here permanently and cancelled the return ticket.

        But due to the law back in NY I have to remain on their registry for life (even though my case originated in Michigan), check in with them any time anything changes and send them an updated picture every three years or they will issue a felony arrest warrant for violating local NY registry laws even though I live literally on the other side of the planet.

        My biggest fear right now is that because of their assanine law that IML will take my passport as permanent residence here is a 10-14 year process and I just moved hear a year ago.

  • #34063 Reply

    Tammie Leigh Lawson

    What does this mean for Virginia residents.

  • #35577 Reply

    Bobby

    Hello Everyone

    I was wondering if anyone has heard anything new about what is going on with Michigan’s Registry? I keep asking and all they ever say is we are working with the legislature, and we are also at the point of filing a lawsuit, to force Michigan to make the changes to the registry like they were ordered to do, then I heard Michigan disagrees with the decision, and that is one reason they are dragging their feet.

    How are they allowed to drag their feet and still be able to disagree with the decision, when they LOST and are supposedly out of options, and yet I will still have to check in, in March and pay them $50 bucks, even though I WON and Michigan LOST. I just don’t get it, please some explain this injustice to me again.

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