Comments on: Sixth Circuit rejects Michigan residency & premises restrictions

By: Kenneth

Kenneth — Tue, 15 Nov 2016 14:43:28 +0000

Just heard this morning that the Michigan AG has made an emergency appeal to SCOTUS with regard to the decision made by the 6th. circuit in August. Any real chance that the court will actually grant a stay (or at least hear this appeal) and not force Michigan to dismantle/roll back the law?

By: michael mccurdy

michael mccurdy — Fri, 04 Nov 2016 15:34:13 +0000

Hi rwvnral,

Any update on the U.S. Court of Appeals for the 6th Circuit of
August 25, 2016?

Thanks

By: Mike Mccurdy

Mike Mccurdy — Fri, 04 Nov 2016 15:24:45 +0000

Hi rwvnral,

Is there any updated news regarding the U.S. Court of Appeals for the 6th Circuit
of August 25, 2016 ?

I realized the state was going to re-appeal, but in a low grade way.

Thanks.

By: James Edward Spencer

James Edward Spencer — Fri, 07 Oct 2016 18:44:22 +0000

In reply to Bobby. I'm Spencer and I was convicted in 1988; but the alleged offense occurred in 1987 which was an set up case. And I am in Alabama!!!! Where I am going though hell behind this SOL!!! But I would like to know is there any MONEY!!!!!! Behind going though hell with this stuff????

By: Tom wilds

Tom wilds — Tue, 04 Oct 2016 03:35:36 +0000

I was convicted of a csc 3 attempted. In 2007. I was sentenced to 180 days and 60 months probation and 25 yr registry. In which it said after ten yrs I could petition to be removed if no other convictions. After 90 days in jail I was released and put on house arrest. And was on probation maybe four years. It was mainly they wanted their money. I was in a sex offender class for the first year and completed it. Then in 2011 they changed the law and I have to register for life. Which I felt was a double jeopardy case but no one would fight it.
I’m self employed and lose jobs all the time do to me being a SO. I chalk it up and move on but tonight my daughter came home and said her friend said I was a rapist. My daughter doesn’t even know what that means. It’s no just me being punished after I served my jail time. It’s my family. I can’t take the kids to the lake to swim or the county fair. My kids are being punished every day. And in my case I have full custody of my kids and the mother has nothing to do with them. That should prove I’m not a threat but the state still won’t let me be a parent. I mean as far as family activity.

By: Michael

Michael — Fri, 23 Sep 2016 16:27:38 +0000

In reply to Bobby.

One thing you will have to keep in mind here through the 6th courts ruling and the federal court final decision will be the actual wording of it.

Bear in mind the state registry is what’s questioned here, but keep in mind that there are 100’s of other web sites that compile sex offender names ( I.E. Checkmate, background check sites, even Google)…..Since these sites are located in states other than Michigan, certain restrictions removing them ( certain people in 6th court is upheld) may not apply to those web sites. Thus your never off it somewhere.

The courts will have to extend the reach to include those sites, or you really won’t be gaining anything.

Second, no one will actually be removed from registry. Just won’t be on Michigan’s registry. For Public to see that is. That’s not to say you won’t be on the National registry. Yes, there is two.
keep in mind also That Obama signed into law the International megan’s law. An international registry!!!!
( Voice your opinion September 28th on open Live conference call 5 pm pacific time, to get this overturned)

The 6th courts decision is about ex facto after punishment.
If your plea and sentence included the fact from the judge that you are to register, and you pled to it. You may get held to it. The core registry was set up for law enforcement
only when it began. Not public. It won’t go away, wish it did.

However if you were convicted and sentenced pled to it without judge stating you have to register, or were placed on a particular time frame to register then had it changed, then yes this ruling will definitely affect those.

New offenders coming into the system, or after 2011, will actually be out of luck. The best defense then is to challenge the assessment and get a risk assessment.
The argument the AG will also bring up, is whether if an offender knew the restrictions and laws that have been enacted would have prevented them from offending. Made them think twice.
The AG has cards up his sleeve. I just hope the 6th court
does not place weight on the AG and consider all the crap.

Oh Joy huh??

So there is a lot to really dig into and look at here.

By: LLH

LLH — Fri, 23 Sep 2016 00:47:22 +0000

In reply to rwvnral. any new information about this ruling

By: Bobby

Bobby — Sun, 18 Sep 2016 21:01:25 +0000

In reply to antiestablishmentarianism. i was Convicted and sentenced in 1992,before Michigan even had a registry,so i was never sentenced by the judge to register,so i should be removed all together from the registry.

By: Bobby

Bobby — Sun, 18 Sep 2016 20:47:24 +0000

In reply to Bill. Our AG, already asked the 6th circuit to reconsider their ruling, and I HIGHLY doubt,they are going to over rule their own decision.

By: Bobby

Bobby — Sun, 18 Sep 2016 19:54:01 +0000

In reply to Fred. I am in Michigan as well,but my conviction was in 1992,before Michigan even had a registry. I was put on it in 1995 for 25 years,then like you guys, put on it for life. it's been 21 years now or 24, since they moved my rgistration date from 95 to 92. Ms Aukerman, told me,that since i have had no other convictions,and since the registry did not exist in 1992, i should be removed all together. If not i will be returned to 25 years,which will be in 2020,but the chances are i will just be removed,since they put me on it retroactively.