Blog also contains "Unfavorable" and "Informational" decisions and other articles. All can be useful in framing arguments for new court cases. i.e., avoid pitfalls or inform court and simply to learn whats happening to others. If you know of a case or lawsuit not listed, please let us know. Leagle is our main resource.
View decisions by the Federal Circuit States are in.
NEW: (# Failure to Register Technicality
NEW: Travel Restrictions (Apparently Eff. 2013)
NEW: Border Patrol Checking
NEW: Failure to Register a Sex Offense???
CAUTION: SORNA EFFECTIVE even if state has not enacted it
Plea Bargains: Santabello v New York

Don’t Have $35? How About an Arrest for Failure to Register as a Sex Offender?

April 2015 Florida:

by The Law Office of John Guidry II

Forgive me for stating the obvious, but a criminal record will hurt your employment opportunities. A petit theft charge, for example, will limit job opportunities in retail stores because most retail stores suffer the majority of their losses at the hands of their employees–so these stores prefer to hire someone with a record of driving on a suspended license or marijuana possession, rather than theft.

And, while theft charges can put a dent in things, being a sex offender absolutely crushes any hope of ever being employed again. Period. Not a dishwasher (not that there’s anything wrong with that). Not flipping burgers, rolling burritos–nothing. Not only can sex offenders not find employment (double negative? Maybe not), good luck finding a place to live that isn’t within a 1000 feet of a school or playground. I’ve seen city’s set up playgrounds just to drive out sex offenders–so much for liberty and freedom to travel.

It should come as no surprise that the bleak employment prospects of sex offenders also translate into a life of living under bridges, and having no money (redundant, I know). To add insult to injury, when a sex offender moves from sleeping under one bridge to sleeping under another bridge, this change of address requires government intervention. You anti-government folks (me?) should be jumping up and down when the government tacks on requirements to a citizens’ movements once they’ve completed their prison time and probation.

Santobello v. New York

1971 U.S. Supreme Court:

Santobello v. New York
404 U.S. 257 (1971)

After negotiations with the prosecutor, petitioner withdrew his previous not-guilty plea to two felony counts and pleaded guilty to a lesser included offense, the prosecutor having agreed to make no recommendation as to sentence. At petitioner's appearance for sentencing many months later, a new prosecutor recommended the maximum sentence, which the judge (who stated that he was uninfluenced by that recommendation) imposed. Petitioner attempted unsuccessfully to withdraw his guilty plea, and his conviction was affirmed on appeal.

Held: The interests of justice and proper recognition of the prosecution's duties in relation to promises made in connection with "plea bargaining" require that the judgment be vacated and that the case be remanded to the state courts for further consideration as to whether the circumstances require only that there be specific performance of the agreement on the plea (in which case petitioner should be resentenced by a different judge), or petitioner should be afforded the relief he seeks of withdrawing his guilty plea.



The essence of this case is, anyone who entered into a plea with the state, that plea cannot b broken it is sacrosanct. Plea bargains are special and reduced to writing, whatever that says cannot be broken and the defendant can rely on that. If one who has entered into a WRITTEN plea bargain feels the state has violated that can assert this case to force the state to abide by the WRITTEN plea bargain.

Google Scholar: Santabello v NY and Plea Bargains


Del Pino v Dep't of Public Safety

4-1-15 Maryland:

Del Pino v Dep't of Public Safety

In this opinion, we set sail into waters left uncharted by the voyage that the Court of
Appeals undertook in the case of Doe v. Department of Public Safety & Correctional
Services , 430 Md. 535 (2013) (“Doe I”)
. In Doe I, the Court held that requiring Doe to register as a sex offender as a result of the 2009 and 2010 amendments to the Maryland sex 1 offender registration act (“MSORA”) violated the prohibition against
ex post facto laws contained in Article 17 of the Maryland Declaration of Rights. Id. at 537 (interpreting Md.2 Code (2001, 2008 Repl. Vol., 2010 Cum. Supp.), §§ 11-701 et seq. of the Criminal Procedure Article (“CP 2010”)).

There, MSORA did not exist in 1983-84 when Doe committed the sexual offense at issue, nor was Doe required to register when he was convicted in 2006. Doe I, 430 Md. at 537-38. Here, at the time of his conviction in 2001 for a sex crime committed in 2000, appellant, Thomas H. Quispe del Pino, was required to register as a sex offender for a period of ten years.

The 2010 amendment to MSORA, however, classified appellant as a “Tier II” offender and increased the period of registration from ten years to twenty-five years.

The issue thus presented to this Court by the instant case is whether, under Doe I , the retroactive application of MSORA to appellant by the 2010 amendment, which results in the increase of his registration period from ten years to twenty-five years, violates the prohibition against ex post facto laws contained in Article 17 of the Declaration of Rights.

We shall hold that it does.

Sex Offender Caught Entering Belize

4-27-15 Belize, West Virginia:

BMG: 27 year old Anthony Pertuset, a Canadian National and two time sex offender was caught at the Belizean border before finding refuge in the Central American Country. grey Sex Offender Caught Entering Belize

According to a report from Charleston’s Daily Mail, Pertuset who was released on probation and was arrested trying to enter Belize using a fake Canadian passport to meet with a 16-year-old girl in March. Pertuset was first required to register as a sex offender in April 2005, when he was convicted of moving a 14-year-old girl to different locations to have sex with her in Highland County, Ohio.

The report says that just five years later in February 2010, Pertuset was convicted of two counts of third-degree sexual assault in Kanawha County Circuit Court, which was reported by the Daily Mail. Pertuset, 22 at the time, assaulted two 14-year-old girls, picking one of them up from school and plying the other with alcohol, according to newspaper archives. Pertuset was released March 17, 2014, and began his five-year term of supervised probation.

Judge: Parts of state's sex offender law unconstitutional

There is no doubt that this will be appealed to the 6th Circuit.

4-7-2015 Michigan:

Doe v Snyder:
OPINION AND ORDER RESOLVING MOTIONS FOR JUDGMENT

OPINION AND ORDER DENYING DEFENDANTS' MOTION IN LIMINE

Michigan's Sex Offender Registry law is so vague that parts of it are unconstitutional, including the requirement that offenders stay at least 1,000 feet from schools, a federal judge has ruled.

U.S. District Judge Robert Cleland, in a 72-page ruling, struck down several reporting requirements of the 1994 law, which has been amended several times by state lawmakers to make requirements stricter.

Regarding the 1,000-foot school safety zone, he said offenders are left to guess where the zones were and are not provided with enough information from the state to abide by the restriction.

And he struck down several other requirements, including a mandate that offenders report in person new e-mail and instant messaging addresses and notify authorities of all telephone numbers "routinely used by the individual."

The vagueness of the law "leaves law enforcement without adequate guidance to enforce the law and leaves registrants of ordinary intelligence unable to determine when the reporting requirements are triggered," Cleland wrote in his ruling.

The lawsuit was filed in 2012 by the American Civil Liberties Union of Michigan against Gov. Rick Snyder and Michigan State Police Director Kriste Etue, on behalf of six Michigan residents who are convicted sex offenders required to register. The University of Michigan Clinical Law Program also participated.

The residents argued that the law, and its many amendments, are impossible to follow. Regarding the 1,000-foot rule, they said, "the zones are not physically marked and registrants are not provided with maps demarking the boundaries."

US v Thompson

1-13-15 7th Cir.:

US v Thompson

We have consolidated for decision four appeals, heard on the same day, that present issues relating to supervised release. In a recent opinion, United States v. Siegel, 753 F.3d 705 (7th Cir.2014), the court expressed concern with how the district courts of our circuit are administering supervised release.

To recapitulate briefly the fuller discussion in the Siegel opinion, the Sentencing Reform Act of 1984 replaced parole for federal crimes with supervised release (to take effect in 1987). 18 U.S.C. § 3583.

Parole of federal convicts is granted (though nowadays only in a very limited class of cases, see United States Parole Commission, Wikipedia, http:// en.wikipedia.org/wiki/United_States_Parole _Commission (visited Jan. 11, 2014, as was the other website cited in this opinion)) by an administrative agency after a convicted defendant begins serving his sentence.

An inmate granted parole is thus released from prison before the expiration of his term, but becomes subject to restrictions imposed by the agency on his conduct between his release and when, had he not been paroled, he would have been released upon the expiration of his prison sentence. The restrictions are intended to reduce the likelihood of his committing crimes in the future.

Leonard Swanagan

8-14-2012 Georgia:

In July 2008, sheriff’s deputies in Cobb County, Georgia arrested 54-year-old Leonard Swanagan on charges of failing to register as a convicted sex offender and living within 1,000 feet of a public swimming pool.

Swanagan contended that he was not required to register, but in July 2011, he was convicted in Cobb County Superior Court after the prosecution produced records showing he had been convicted of a misdemeanor sex offense in Ohio in 1994
. The records also showed that when he moved to Illinois in 1996, he had registered as a sex offender there. Swanagan was sentenced to 10 years in prison, but all but a year was suspended.

In 2012, Swanagan reached out to the media, and Jeff Chirico, a reporter for CBS television news in Atlanta, began investigating the case. Chirico discovered that under existing sex offender registry laws, Swanagan’s name should have been removed from sex offender registry lists in 2004.

After the news report aired, the prosecution investigated the claim and determined that Swanagan was not required to register as a sex offender in Georgia. Swanagan obtained a new defense attorney who filed a motion to vacate the conviction and to dismiss the case.

On August 6, 2012, Swanagan was released from custody and on August 14, at the request of the defense and the prosecution, his conviction was vacated and the charges were dismissed.

In 2014, Swanagan filed a federal civil rights lawsuit in Atlanta. ..Source.. by Maurice Possley

Corey Eason

10-25-2005 Illinois:

When 23-year-old Corey Eason, a small-time central Illinois drug dealer, was paroled from prison for a cocaine dealing conviction in 2002, he was mistakenly classified as a sex offender even though he had never been accused, arrested or convicted of any sex-related offense. As a result, Eason (who was unaware of this error) was listed on Illinois’ sex offender registry, and had his picture posted on the Internet.

Three years later, in March 2005, when Eason was arrested in Bloomington and charged with assault and possession of a controlled substance, his name was found on the sex offender registry. As a result, he was charged with three counts of failing to report a change of address as required by the Illinois Sex Offender Registration Act, and convicted at a bench trial.

In September 2005, at the request of Eason’s attorney, the McLean County Probation Department contacted the Illinois State Police, who maintain the sex offender website, and they looked into Eason’s case. They could not explain why Eason was prosecuted since it was evident from his criminal record, which was available to both prosecutors and defense counsel, that he had never been convicted of a sex offense.

The McLean County prosecutors were also notified of the mistake, and, at a hearing on October 25, 2005, they acknowledged the error. McLean County Circuit Court Judge Ronald Dozier vacated the convictions, saying, “I’m glad we got this straightened out before it got too much further down the line.” Eason received probation on the assault and drug possession charges for which he had been arrested in March, 2005.

Eason’s plan to pursue a civil suit over his ordeal never materialized. In April 2011, he was charged with possession of cocaine with intent to distribute. ..Source.. by Center on Wrongful Convictions

Longino Acero

March 2006 California:

In July 1978, Longino Acero entered a no contest plea to a charge of lewd conduct with an adult woman, which did not require registration as a sex offender.

But because of a clerical error, Acero’s conviction was recorded as child molestation
, a crime that did require registration.

From 1994 until 2004, Acero was arrested three separate times and sentenced to prison terms ranging from four months to more than two years, each time on a charge of failing to register as a sex offender. He was publicly listed as a high-risk sex offender.

Although on each occasion Acero told his attorneys that he had never committed a crime against a minor, the attorneys failed to check the court file, and repeatedly advised him to plead guilty.

In September 2005, Acero received a letter from the San Jose Police Department informing him that his original misdemeanor conviction had been recorded incorrectly and he should never have been required to register as a sex offender.

After retaining a new attorney, Acero petitioned the Santa Clara County Superior Court to overturn his convictions for failure to register.

The court granted his petition in March 2006, his guilty pleas were withdrawn, and the charges were dismissed
. Acero filed a claim for compensation from the state of California, but it was denied. ..Source.. by Maurice Possley

Simon Angel Rivera

1-26-2005 Texas:

In 1992, Simon Angel Rivera was convicted as a juvenile of sexually assaulting a child when he was a 14 years old. On September 15, 2002, Rivera, 24, was arrested in Austin, Texas on charges of failing to register as a sex offender. On December 16, 2002, Rivera pleaded guilty in Travis County Criminal District Court and was sentenced to two years in prison.

After he was released on February 20, 2004, he filed a state petition for a writ of habeas corpus seeking to set aside his conviction, contending that his attorney had provided inadequate legal defense.

Rivera argued that his lawyer had advised him to plead guilty based on an incorrect understanding of the facts and law applicable to his case. Rivera claimed that at the time when he was charged with failing to register as a sex offender he was no longer required to do so because his juvenile status at the time of his conviction. The law did not require defendants convicted as juveniles to register after the age of 21.

After a hearing in the trial court, the prosecution agreed that Rivera was correct and recommended the writ be granted, and it was.

On January 26, 2005, the Texas Court of Criminal Appeals upheld the granting of the writ and vacated Rivera’s conviction. The charges were dismissed by the Travis County District Attorney’s Office on March 11, 2005.

In September 2007, the state of Texas awarded Rivera $40,000 in compensation for his wrongful imprisonment. ..Source.. by Maurice Possley