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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.

 

 

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This topic contains 18 replies, has 3 voices, and was last updated by  Bill 9 months, 1 week ago.

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  • #32212 Reply
    Sandy Rozek
    Sandy Rozek
    Admin

      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
    [See the full post at: A victory in Michigan]

  • #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.

  • #36241 Reply

    James

    What is going on with Snyder V Does? I can’t seem to find any information about it.

    • #36255 Reply
      Fred
      Fred
      Admin

      My understanding is that ACLU is still in negotiations with Michigan State Legislators. Hopefully we will have some news soon.

      • #36514 Reply

        Bobby

        @Fred and anyone else who is interested in what is going on with Does v Snyder

        I e-mailed Mr Caballaro yesterday and asked a question concerning Does v Snyder this is what I wrote him.

        Hello

        I went into register on the first, and my town still has not hired a clerk yet, they said something about Wendsday, and of course none of our lazy cops no how to register people except for one, and he claimed he was to busy to mess with it.

        So anyway he took a copy of my license, and said he would call me later, which he did, and said not to worry I was in compliance, and if my registry was not up to date by Wednesday at 2pm to come by and let them know, now here is my question.

        When I do go in do I still have to comply with the 2006 and 2011 amendments, and are the cops still allowed to enforce them since they claim they have NOT gotten anything in writing stating otherwise , they claim even though the 6th circuit ruled those amendments unconstitutional  and  the US Supreme Court pretty much backed the 6th circuits ruling by denying to hear the case, the cops in my town insist that they do not have to follow that ruling until they receive something in writing that says different, is this true?

        Also do I still have to give them the $50 that they still say I have to give them, until they receive something in writing that says different?, thank you for your time.

        Bobby

        and this was his reply back to me.

        Unfortunately, the state of Michigan has come up with some creative legal arguments to justify denying the benefits of the Sixth Circuit’s ruling to all registrants with older convictions. In effect their arguments are that (1) the Sixth Circuit’s ruling was limited to only those 6 registrants included in the original litigation and (2) even if the principles of the decision apply more broadly, the state can still re-enact older versions of the statute for registrants with older convictions. We disagree with the state on both arguments and are currently preparing a class action lawsuit to contest these arguments. We are planning on filing sometime in the next few weeks.

        We don’t know exactly what local police departments have been told about implementing Does. It is likely that they have begun the process of reviving the older versions of the SORA statute. In theory, this means they aren’t implementing the 2006 and 2011 amendments. You will still have to pay the $50 registration fee unfortunately.

        Juan P. Caballero

  • #36619 Reply

    Josh

    Well, that is interesting….I have one of those older convictions and should directly benefit from this decision…hoping against hope that a certain AG doesn’t get elected as Governor…I’ve heard that this individual is the one hanging this thing up..it’ll be a uphill battle for sure if he does get elected…what older statues can they enact? Can they make us go back to 10 or 25 years? If so my charge is 25 yrs old and my conviction is less than a year away from 25 years…even if we had to go back to the original law enforcement only registry, it would be a picnic compared to what they’ve made us endure..

  • #36673 Reply

    Bill

    So, I guess it’s sit and wait. Josh, I feel the same. Seems strange for those of us that don’t understand the legal system to see the state ignore a Federal Court ruling. Has this become personal for Bill Shuette?

  • #38273 Reply

    Rick O

    I was really excited to move on with my life, but after reading that it doesn’t sound like that will happen…..I could just breakdown and cry

  • #38468 Reply

    Josh

    @rick o
    It will happen eventually…I was told by the aclu that it HAS happen…the state can’t ignore the ruling even with their “creative” schemes…the precedent has been established with the six “does” from the Snyder case. There are a few changes already showing up that haven’t gotten much attention..one of which was a RSO from the east side of the state having charges for not being at his address or having his plates on his car being accurate dropped by the court because of the ex post facto ruling in Snyder…I’m as dejected as you are that this hasn’t happened as quickly as I feel it should…but I’ve been more fortunate than most in the amount of public shaming/abuse that I’ve had to deal with…I hate that I served my time & probation and then had to be continually punished…errr I mean civilly committed for 25 years..I pray daily that we get the protection that our constitution should provide for us..

  • #38913 Reply

    Rick O

    Thanks Josh, I’m fine with however long it might take, just as long as it does happen.

  • #41086 Reply

    Don

    I am one of the new Class Representatives for the Class Action that the ACLU is filing to get relief for all SORs on the MI Registry, to basically bring MI into compliance. Yes, I said compliance. Despite their creative way of thinking in the State government, MI is not complying with a Federal Circuit Court decision that is FINAL due to the US Supreme Court refusing to hear MI’s appeal.

    My understanding is that the Class Action has been filed or will be filed in the next couple of days.

    I signed about three sets of Retainer papers for the lawyers. The way it works is the ACLU is the financial backer. The U of M School of Law has JD candidates that do the ground work, and the actual legal filings are by attorneys that can practice in your local area. In my case, it was a law firm in Troy, MI.

    This is all I know at the moment. I will hit up the local attorney for the actual filing and see what is what and report back next week-ish.

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