Families of SOs Community Group
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GREAT NEWS!!!!!!!!!!!!
A Kansas judge has ruled that the retroactivity of a portion of the KORA is punitive and a violation of the ex post facto portion of the constitution.
http://tinyurl.com/jw9a8ek
I realize this will be appealed to a higher court, but it is a victory.
Here is a copy and paste I did from the article:
"But if the ruling is appealed to the Kansas Supreme Court and if that court would uphold the ruling, the KBI would have to remove everyone from its offender registry who had completed their original 10-year registration, Joseph said."
And hear is a copy and paste from the court decision:
“…the Court’s examination of the KORA’s effects under the Mendoza-Martinez factors leads to the determination that the KORA is effectively punitive…
..these provisions have become oppressive to the point of punishment. Therefore, the KORA’s retroactive application assigns a new punitive measure to a crime already consummated, in violation of the ex post facto clause..
The KORA’s current provisions subject Mr. Doe to punishment under any definition.”
This is exactly what happened in Oklahoma last month.
Hope this helps those in Kansas, but I hope that this gives us all the HOPE---real HOPE that we can hang onto--- that we need to continue our fight against the registry and all its regulations.
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A Kansas judge has ruled that the retroactivity of a portion of the KORA is punitive and a violation of the ex post facto portion of the constitution.
http://tinyurl.com/jw9a8ek
I realize this will be appealed to a higher court, but it is a victory.
Here is a copy and paste I did from the article:
"But if the ruling is appealed to the Kansas Supreme Court and if that court would uphold the ruling, the KBI would have to remove everyone from its offender registry who had completed their original 10-year registration, Joseph said."
And hear is a copy and paste from the court decision:
“…the Court’s examination of the KORA’s effects under the Mendoza-Martinez factors leads to the determination that the KORA is effectively punitive…
..these provisions have become oppressive to the point of punishment. Therefore, the KORA’s retroactive application assigns a new punitive measure to a crime already consummated, in violation of the ex post facto clause..
The KORA’s current provisions subject Mr. Doe to punishment under any definition.”
This is exactly what happened in Oklahoma last month.
Hope this helps those in Kansas, but I hope that this gives us all the HOPE---real HOPE that we can hang onto--- that we need to continue our fight against the registry and all its regulations.
rewdiazepam
http://www.josephhollander.com/articles/Kansas-Sex-Offender-Registration-Laws/2
http://www.josephhollander.com/pdf/Donor_Disclosure_Statement.pdf
"The public has a right to know when a convicted sex offender challenges the very law that is designed to protect the public," Schmidt said. "This cloak of anonymity does not serve the public interest or advance public safety."
http://tinyurl.com/pnbhpvc
They want to publicize the name of the sex offender who is trying to invoke his rights, probably in an attempt to scare him off. I hope they appeal it all the way to the Kansas Supreme Court and lose. Then it will apply to all offenders.
That's the mistake they made in Oklahoma. They lost twice in lower courts, so they rolled the dice and appealed it to the Oklahoma Supreme Court and lost. Now they will have a couple of thousand dropped from the registry as a result of that decision.
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Advocate, the case in Florida is one that aladdin is helping with, has to do with internet stings. there is a thread on it here somewhere.