Ex Post Facto – Page 8

Does v. Snyder (6th Cir. 2016)

Posted: August 10, 2017

Sixth Circuit Opinion declaring provisions of Michigan's SORA regime unconstitutional under Ex Post Facto Clause. Opinion notable for its tone, rejection of Smith v. Doe's assumptions about recidivism, and reliance on scientific evidence.

Does v. Snyder (6th Cir. 2016)

Commonwealth v. Muniz (Pa. 2017)

Posted: August 9, 2017

Pennsylvania Supreme Court holding that, under both state and federal constitutions, PAs SORA statutory scheme amounted to punishment and could not be applied retroactively.

Commonwealth v. Muniz (Pa. 2017)

Wallace v. State (Ind. 2009)

Posted: July 26, 2017

Indiana Supreme Court holding that, as applied and on state constitutional grounds, person convicted of sexual offense prior to enactment of registry could not be made to register without offending constitutional prohibitions on retrospective punishment.

Wallace v. State (Ind. 2009)

State v. Pollard (Ind. 2009)

Posted: July 26, 2017

Indiana Supreme Court opinion affirming trial court dismissal of charges against person required to register for violating statewide residence restrictions on state constitutional grounds.

State v. Pollard (Ind. 2009)

Formaro v. Polk County (Iowa 2009)

Posted: July 26, 2017

Iowa Supreme Court affirming judgment of trial court that petition by person on registry seeking declaratory relief that residence restrictions did not apply to him was without merit.

Formaro v. Polk County (Iowa 2009)

Doe v. Bredesen (6th Cir. 2007)

Posted: July 25, 2017

Sixth Circuit Court of Appeals finding that Tennessee's SORA statute was not unconstitutional Ex Post Facto punishment.

Doe v. Bredesen (6th Cir. 2007)

Commonwealth v. Baker (Ky. 2009)

Posted: July 25, 2017

Kentucky Supreme Court decision finding that, despite civil intent, residence restrictions were so punitive as to negate civil intent. Thus, their application to persons who had committed their offenses prior to their enactment violated state and federal constitutional prohibitions on ex post facto laws.

Commonwealth v. Baker (Ky. 2009)

State v. Zerbe (Ind. 2016)

Posted: June 18, 2016

Indiana Supreme Court holding that application of Indiana's SORN to individual who had committed an out-of-state offense did not constitute an Ex Post Facto violation.

State v. Zerbe (Ind. 2016)

United States v. Felts (6th Cir. 2012)

Posted: March 12, 2012

6th Circuit Opinion holding that duty to register and ability of federal government to prosecute for failing to register is not dependent on state's compliance with Adam Walsh Act, and that federal SORNA does not violate Ex Post Facto, 10th Amendment, or nondelegation principles.

United States v. Felts (6th Cir. 2012)

Smith v. Doe (U.S. 2003)

Posted: June 18, 2003

United States Supreme Court Opinion holding that Alaska's sex offense registry was non-punitive, and thus did not violate Ex Post Facto provisions.

Smith v. Doe (U.S. 2003)

« Previous 1 … 6 7 8

Does v. Snyder (6th Cir. 2016)

Commonwealth v. Muniz (Pa. 2017)

Wallace v. State (Ind. 2009)

State v. Pollard (Ind. 2009)

Formaro v. Polk County (Iowa 2009)

Doe v. Bredesen (6th Cir. 2007)

Commonwealth v. Baker (Ky. 2009)

State v. Zerbe (Ind. 2016)

United States v. Felts (6th Cir. 2012)

Smith v. Doe (U.S. 2003)

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