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
Forced to Carry Gov't Message Issue: See HERE
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.

States and Courts WILL use any forms signed earlier in time, for the rest of your life!

READER TIPS: Whenever we learn of something important it will be posted under "Reader Tips."

Readers too can submit tips to be posted, it just has to be something unusual they have learned and is of value to others. eAdvocate

3-30-2012 National:

Most important to note here is, that once a registrant signs ANY state form, which indicates that if they move to another state they must register there, ALL Courts (State and Federal) ignore the boundaries between state and federal law.

Yes, federal law (SORNA) commands that the USAG use a form to notify registrants of their registration requirements (Sec. 117(a) 42 USC 16917(a)) and to prescribe RULES to notify registrants convicted before SORNA of their registration requirements (Sec 117(b) 42 USC 16917(b)).

However, the USAG has FAILED to prescribe any RULE for the notification of registrants convicted before SORNA of their registration requirements. Courts are IGNORING that federal mandate (42 USC 16917(b)), if their is a signed state form (even one signed YEARS BEFORE) which says something similar, and the registrant has signed the state form.

In this writer's opinion that is clear trickery, and does not satisfy due process, but I am one person and not a lawyer or a court. It is what it is, be forewarned!

For legal advise which you can take to court, see a lawyer where you live, s/he can assess your facts and the law that applies to it, and properly advise you..

No comments: