NEW: (# Failure to Register Technicality
NEW: Failure to Register a Sex Offense???
CAUTION: SORNA EFFECTIVE even if state has not enacted it
Plea Bargains: Santabello v New York
Blog also contains "Unfavorable" and "Informational" decisions and relevant news articles. All can be useful in framing arguments for new court actions. (i.e., avoid pitfalls or inform courts.) Or refuting charges, check facts of cases v yours.
Leagle is our main court decision resource.
Find State decisions by the Federal Circuit a State is in.

CAUTION: Decisions are meant to be educational.
For "Personal Life Decisions" consult with a lawyer.

Reimers v State ex rel Dept of Correction

7-18-2011 Oklahoma:

REIMERS v. STATE EX REL. DEPARTMENT OF CORRECTIONS (Decision is based on the totality of the changes to the laws SINCE his conviction.)

The question before this Court is whether Plaintiff must continue to register as a sex offender pursuant to subsequent amendments to OSORA that became effective after he completed his sentence?

We answer the question in the negative
, but in doing so we need not address Plaintiff's argument that the amended statute is an unconstitutional ex post facto law. We hold that under the specific facts of this case, OSORA does not apply to this Plaintiff because the amendments are substantive in nature and not merely procedural.

Finding no legislative intent to retroactively apply a substantive change in the law, Plaintiff is entitled to the relief sought.

No comments: