3-17-2010 New York, Illinois:
Rosin v Monken
After he was required to register as a sex offender in Illinois, Mitchell Rosin brought suit under 42 U.S.C. § 1983, alleging that the defendants failed to give full faith and credit to the March 27, 2003 judgment of a New York court. In that order, the court accepted a plea agreement that did not require Rosin to register as a sex offender in New York.
He contends that Illinois is constitutionally required to give effect to the New York judgment and thus cannot, on the basis of that order, force him to register as a sex offender within its jurisdiction. The district court granted defendants' motion to dismiss, finding that the registration requirement in the New York order was merely stricken, which left the order silent on the subject.
Since the plea agreement did not purport to prevent any state other than New York from registering Rosin as a sex offender, and because any such provision would have been ineffective even if it had been included, we affirm.
The purpose of the Full Faith and Credit Clause "was to alter the status of the several states as independent foreign sovereignties, each free to ignore obligations created under the laws or by the judicial proceedings of the others, and to make them integral parts of a single nation throughout which a remedy upon a just obligation might be demanded as of right, irrespective of the state of its origin." Baker v. General Motors Corp., 522 U.S. 222, 232, 118 S.Ct. 657, 139 L.Ed.2d 580 (1998) (quoting Milwaukee County v. M.E. White Co., 296 U.S. 268, 277, 56 S.Ct. 229, 80 L.Ed. 220 (1935)). By virtue of its "exacting" operation with respect to judgments, the Full Faith and Credit Clause results in "the judgment of the rendering State [gaining] nationwide force." Id. at 233, 118 S.Ct. 657. The primary operational effect of the Clause's application is "for claim and issue preclusion (res judicata) purposes." Id. at 233, 118 S.Ct. 657.
Special: Truths: Harms: Murder: Archive: -or- Current; Vigilantism; Suicides; Related Deaths; Civil Com: Main Site -or- CC Court Actions |
|
Showing posts with label Full Faith and Credit Clause. Show all posts
Showing posts with label Full Faith and Credit Clause. Show all posts
In the Matter of Mitchell Borden
11-1-2011 North Carolina:
In the Matter of Mitchell Borden
The State of North Carolina (“the State”) appeals from an order terminating Mitchell Borden’s (“Petitioner”) sex offender registration requirement pursuant to N.C. Gen. Stat. § 14-208.12A (2009). We must determine whether the term “initial county registration” as provided in N.C. Gen. Stat. § 14-208.12A(a) means the date of initial county registration in North Carolina or in any jurisdiction. Because “initial county registration” means the date of initial county registration in North Carolina, and Petitioner has not been registered as a sex offender in North Carolina for at least ten years, we reverse the trial court’s order.
In this case, the trial court incorrectly interpreted “initial county registration” to mean “initial county registration in any jurisdiction.” While Petitioner had been registered as a sex offender in Kentucky for at least ten years, the record shows he was not registered in North Carolina for at least ten years.4 Thus, the trial court erred when it terminated Petitioner’s sex offender registration requirement. Accordingly, we reverse the trial court’s order. REVERSED. Judges GEER and STROUD concur.
Article: Raising Full Faith and Credit Clause question: Sex offenders and stun guns
In the Matter of Mitchell Borden
The State of North Carolina (“the State”) appeals from an order terminating Mitchell Borden’s (“Petitioner”) sex offender registration requirement pursuant to N.C. Gen. Stat. § 14-208.12A (2009). We must determine whether the term “initial county registration” as provided in N.C. Gen. Stat. § 14-208.12A(a) means the date of initial county registration in North Carolina or in any jurisdiction. Because “initial county registration” means the date of initial county registration in North Carolina, and Petitioner has not been registered as a sex offender in North Carolina for at least ten years, we reverse the trial court’s order.
In this case, the trial court incorrectly interpreted “initial county registration” to mean “initial county registration in any jurisdiction.” While Petitioner had been registered as a sex offender in Kentucky for at least ten years, the record shows he was not registered in North Carolina for at least ten years.4 Thus, the trial court erred when it terminated Petitioner’s sex offender registration requirement. Accordingly, we reverse the trial court’s order. REVERSED. Judges GEER and STROUD concur.
Article: Raising Full Faith and Credit Clause question: Sex offenders and stun guns
Subscribe to:
Comments (Atom)
