- This topic has 1 reply, 2 voices, and was last updated 1 week ago by Sandy Rozek.
February 19, 2021 at 12:08 pm #80763
By Larry . . . After years of legal wrangling, there has been a favorable decision in an important case in Tennessee. The case was initiated on Novemb
[See the full post at: Awesome victory in Tennessee]
February 19, 2021 at 6:14 pm #80782
Sadly as we learned in PA, Ex Post Facto is not the route to go. The Legislature in TN can “fix” it and apply the new version to everyone again.
February 20, 2021 at 6:42 am #80792
Tim in WI
Yes the state’s legislature can opt for new laws except the application does not have the presumption if ” civil intent” attributed to the regulatory regime by the ruling in DOE03.
Sooner or later the courts will be forced to identify ” registration ” in terms of the 13th Amendment. Why? The registry is DOC property, machine database property, like a prison intended to impose affirmative restraint and liability.
February 20, 2021 at 12:50 pm #80811
Can someone please provide the case cite for the above? It is not mentioned in the article. I am in Tennessee and will likely be impacted by this decision. I have an old (pre 2004) case that lists me as a “violent” offender” in Tennessee requiring life registration.
February 21, 2021 at 11:39 am #80860
Sean, it is there in the fourth paragraph, end of fourth sentence. The link is on “Opinion.” Sorry it isn’t more obvious.
February 20, 2021 at 6:55 pm #80826
Probation/Deferred Adjudication is a plea bargain i.e. negotiated contract between two parties. This contract has a commencement date and a completion date.
The Fed Gov and States by Ex Post Facto decree, violate the terms of the contract. In so doing they create an injured party.
Suing for Breach of Contract should be a viable strategy and there are numerous references to government contracts in the US Code/Uniform Commercial Code.
February 20, 2021 at 12:47 pm #80806
should be hard for them to re-legislate from behind bars.
February 20, 2021 at 12:47 pm #80808
Capt Charles Munsey Jr. USN Ret
How are we ever going to get unity in this nation with the Constitution being ‘one sheet of music’ and each state having its own ‘sheet of music’ that may or may not be in tune with the constitution? The more I monitor situations in this nation the less I see of ‘united’ in United States. Why can’t we have one set of laws that apply to all citizens instead of fifty sets of laws that can apply to citizens as they exercise their rights to travel from state to state? I do believe that this is something like ‘Hogan’s goat’.
February 20, 2021 at 6:08 pm #80820
I am glad Larry ….and whomever else was involved actually won this decision. It is sad ….but predictable…that TENESSEE…has many “non critical thinking” people in legislation….TN is making some progress…..being more progressive, in its political issues regarding sex crime law….but obviously, there is a lot of people who need to SPEAK UP…..and make sure these indolent politicians protect, not just victims, but defendants. Uhhh, kinda basic stuff….all people, need privacy….and reasonable punishment.
February 20, 2021 at 6:51 pm #80823
I’m missing something here. Exactly what was the awesome win and how many does it effect? I’ve read this over and over. I may be lacking some brain cells and I hate to show my ignorance but I’m serious.
February 21, 2021 at 10:21 am #80830
A Win-however small-is still a Win FOR NOW. Yet; The State will try something else…bank on it! Nuff Said!
February 27, 2021 at 2:34 pm #81220
I live in TN. Tennessee will appeal appeal appeal. They will scream and cry at every hearing, they will play the violin for the public opinion, they cannot help themselves as Larry says. TN legislators are Red by party, fundamental Christian beliefs (ie, second chances for everyone except SO), they are elected by the population of same mind.
@Marty “TN is making some progress…..being more progressive, in its political issues regarding sex crime law…” ??? I do not understand how you can possibly make this statement. For one example, take a look at HB0176 that plans to put a curfew on a registered SO not under DOC supervision or probation or parole. Unlawful confinement?
@DR.Poop any win is something “…unconstitutional violation … of the Ex Post Facto clause”.