Reply To: Sixth Circuit rejects Michigan residency & premises restrictions

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Michael

One thing you will have to keep in mind here through the 6th courts ruling and the federal court final decision will be the actual wording of it.

Bear in mind the state registry is what’s questioned here, but keep in mind that there are 100’s of other web sites that compile sex offender names ( I.E. Checkmate, background check sites, even Google)…..Since these sites are located in states other than Michigan, certain restrictions removing them ( certain people in 6th court is upheld) may not apply to those web sites. Thus your never off it somewhere.

The courts will have to extend the reach to include those sites, or you really won’t be gaining anything.

Second, no one will actually be removed from registry. Just won’t be on Michigan’s registry. For Public to see that is. That’s not to say you won’t be on the National registry. Yes, there is two.
keep in mind also That Obama signed into law the International megan’s law. An international registry!!!!
( Voice your opinion September 28th on open Live conference call 5 pm pacific time, to get this overturned)

The 6th courts decision is about ex facto after punishment.
If your plea and sentence included the fact from the judge that you are to register, and you pled to it. You may get held to it. The core registry was set up for law enforcement
only when it began. Not public. It won’t go away, wish it did.

However if you were convicted and sentenced pled to it without judge stating you have to register, or were placed on a particular time frame to register then had it changed, then yes this ruling will definitely affect those.

New offenders coming into the system, or after 2011, will actually be out of luck. The best defense then is to challenge the assessment and get a risk assessment.
The argument the AG will also bring up, is whether if an offender knew the restrictions and laws that have been enacted would have prevented them from offending. Made them think twice.
The AG has cards up his sleeve. I just hope the 6th court
does not place weight on the AG and consider all the crap.

Oh Joy huh??

So there is a lot to really dig into and look at here.