Date: Sep 1, 2017 10:26 AM
Women Against Registry ~ Fighting the Destruction of Families
Cruel, Unusual & Unconstitutional
A federal court judge in Denver has called the public sex offender registry in Colorado “cruel and unusual punishment.”
Alison Ruttenberg, the attorney for the sex offenders, told CBS4’s Rick Sallinger they were often scarred for life because
of all the public information available on the convicted criminals.
The judge found the posting of sex offender information to be a violation of two different amendments. The suit asked only
for the three offenders’ information to be removed. It was not filed as a class action.
The Colorado Attorney General’s office says it hasn’t decided on if it will appeal the ruling. Ruttenberg says she thinks if
it’s appealed it could one day be heard in front of the Supreme Court.
Judge Finds Colorado Sex Offender Registry Unconstitutional
20170831 Millard Ruling re Sex Offender Registry .pdf
THEN IN INDIANA ….
A 2015 law meant to prohibit certain sex offenders from entering school property is unconstitutional as it applies to a Howard
County man who has already completed his punishment for his 2010 child solicitation conviction, the Indiana Court of Appeals ruled
Thursday.
After completing his probation, Kirby successfully petitioned to have his conviction reduced to a Class A misdemeanor in February 2015.
But the following July 1, the Unlawful Entry Statute went into effect, making it a Level 6 felony for individuals convicted of certain
crimes, include Kirby’s crime, to enter school property.
The Indiana Court of Appeals agreed Thursday and reversed the denial of Kirby’s PCR petition. In a unanimous opinion, Judge Cale Bradford
wrote that under Indiana’s “intent-effects” test used to evaluate constitutional ex post facto claims, each of the seven factors in
Wallace v. State, 905 N.E.2d 371, 378 (Ind. 2009), weigh in favor of being punitive against Kirby, which means the statute is a violation
of the Ex Post Facto Clause as it relates to him.
If you are encouraged by these and more to come…..so are we!
WAR National Directors
Women Against Registry
800-311-3764
P.O. Box 463 – Arnold, MO 63010
https://www.facebook.com/womenagainstregistry
https://twitter.com/WomenAgainstReg
https://www.linkedin.com/groups/6606110
A federal court judge in Denver has called the public sex offender registry in Colorado “cruel and unusual punishment.”
Alison Ruttenberg, the attorney for the sex offenders, told CBS4’s Rick Sallinger they were often scarred for life because of all the public information available on the convicted criminals.
The judge found the posting of sex offender information to be a violation of two different amendments. The suit asked only for the three offenders’ information to be removed. It was not filed as a class action.
The Colorado Attorney General’s office says it hasn’t decided on if it will appeal the ruling. Ruttenberg says she thinks if it’s appealed it could one day be heard in front of the Supreme Court.
http://denver.cbslocal.com/2017/08/31/sex-offender-registry-constitution/
~ THEN INDIANA ….
A 2015 law meant to prohibit certain sex offenders from entering school property is unconstitutional as it applies to a Howard County man who has already completed his punishment for his 2010 child solicitation conviction, the Indiana Court of Appeals ruled Thursday.
After completing his probation, Kirby successfully petitioned to have his conviction reduced to a Class A misdemeanor in February 2015. But the following July 1, the Unlawful Entry Statute went into effect, making it a Level 6 felony for individuals convicted of certain crimes, include Kirby’s crime, to enter school property.
The Indiana Court of Appeals agreed Thursday and reversed the denial of Kirby’s PCR petition. In a unanimous opinion, Judge Cale Bradford wrote that under Indiana’s “intent-effects” test used to evaluate constitutional ex post facto claims, each of the seven factors in Wallace v. State, 905 N.E.2d 371, 378 (Ind. 2009), weigh in favor of being punitive against Kirby, which means the statute is a violation of the Ex Post Facto Clause as it relates to him.
If you are encouraged by these and more to come…..so are we!
WAR National Directors
Women Against Registry
800-311-3764
P.O. Box 463 – Arnold, MO 63010
https://www.facebook.com/womenagainstregistry