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Doe v Neer

6-25-2013 Missouri:

Doe v Neer

John Doe appeals the judgment entered after a bench trial in favor of Tom Neer, Sheriff of St. Charles County, Missouri, and Colonel Ronald Replogle, Superintendent of the Missouri State Highway Patrol ("Defendants"), on Doe's amended petition for declaratory and injunctive relief. Doe's amended petition alleged that Doe is not required to register as a sex offender in Missouri, sought removal of Doe's name from Missouri's sex offender registry, and requested an injunction prohibiting future prosecution for failure to register. We affirm.

... ... ...

3. Conclusion

Although we recognize that Doe's arguments are compelling, we are bound by the Missouri Supreme Court's decisions in Doe v. Keathley, 290 S.W.3d 719 and Doe v. Toelke, 389 S.W.3d 165, and our Court agrees with the reasoning and conclusions of the Western District in Doe v. Keathley, 344 S.W.3d 759 and the Eighth Circuit in U.S. v. Howell, 552 F.3d 709. Pursuant to those cases, Doe had an independent federal obligation to register as a sex offender pursuant to SORNA. Therefore, he is presently required to register as a sex offender pursuant to section 589.400.1(7) of SORA.6 Toelke, 389 S.W.3d at 167.

III. CONCLUSION

The trial court's judgment entered in favor of Defendants on Doe's amended petition for declaratory and injunctive relief is affirmed.



There is a distinct possibility that Keathley has been incorrectly decided, see notes there.


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