[12:38] In this episode, Andy, Larry, and Chance discuss a recent case from the Fifth Circuit Court of Appeals in Mississippi regarding the restoration of voting rights. Mississippi has some of the strictest disenfranchisement laws in the U.S., which bar individuals convicted of certain felonies from voting. The court’s majority upheld the state’s law, stating it is a regulatory function, not a punishment, and does not violate the Eighth Amendment’s prohibition of cruel and unusual punishment. The dissent argues that permanent disenfranchisement undermines democracy and citizenship. The original lawsuit, filed by several disenfranchised citizens and supported by civil rights groups, challenges these laws as unconstitutional. The debate highlights the tension between judicial interpretation and legislative action in the restoration of voting rights.

[28:45] In Nebraska, a new law aimed at restoring voting rights for individuals who have completed felony sentences was challenged by Attorney General Mike Hilgers, who argued it violates the state constitution’s separation of powers. Hilgers emphasized that only the Board of Pardons can restore these rights. The American Civil Liberties Union of Nebraska contended that this opinion could prevent 7,000 residents from voting in November. Despite the official nonpartisan nature of the Nebraska legislature, the three-member Board of Pardons, all Republicans, including Hilgers, Secretary of State Bob Evnen, and Governor Jim Pillen, are in opposition, making pardons unlikely. The decision, occurring months before a significant presidential election, has drawn criticism and could face legal challenges.

[40:21] In a partial legal victory for inmates at the Will County Adult Detention Facility, a federal judge in Chicago ruled that several of the jail’s media and mail policies violate their civil rights. The challenged policies included a ban on internet printouts and media materials, as well as mail from P.O. boxes. Judge LaShonda Hunt found these restrictions unjustifiable under the First Amendment, though she upheld the jail’s ban on “sexual and inappropriate material.” The lawsuit, originating from a 2017 civil rights claim, had expanded into a class action and highlighted the unconstitutional barriers placed on inmates’ access to information and communication.

[49:22] In this episode of “California Corner,” Chance outlines the four essential steps for achieving post-conviction relief and reintegration into the community. The process begins with taking responsibility for one’s actions, which involves being transparent and sincere about past conduct. The second step is expressing genuine remorse, demonstrating deep regret for the harm caused. Developing insight, the third step, requires understanding the underlying reasons for the criminal behavior, which is crucial for preventing re-offense. The final step is creating a post-conviction prevention plan, which involves identifying triggers and establishing a support system to manage them. By following these steps, individuals can effectively reintegrate into society and lead a constructive life.

https://www.registrymatters.co/podcast/rm310-mississippis-strict-voting-laws-an-archaic-stance

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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

[7:05] Robert, wrote a letter asking if a 2004 court order, which omitted mention of probation, supersedes his 2002 plea agreement that included indefinite supervised probation. The response clarified that a plea agreement is a binding contract, and the state can correct clerical errors even after many years. Therefore, Robert’s probation condition remains enforceable, and any attempt to contest it could lead to scrutiny and potential correction of the record.

[11:43] Joe Doe, representing himself and others, filed a lawsuit against Davies County Attorney John Berlou in the U.S. District Court for the Western District of Kentucky. The case challenges Kentucky Senate Bill 249, which requires registrants who committed offenses against minors to use their full legal name on social media, retroactively applying to all registrants. Doe claims this law violates his First Amendment rights to anonymous speech and is overbroad. Doe sought a preliminary injunction and class certification, while Berlou sought summary judgment. The court granted the preliminary injunction, finding Doe likely to succeed on the merits and that his First Amendment rights were threatened. The case is handled by attorney Guy Hamilton Smith.

[17:40] The discussion revolves around Chevron deference, a legal principle where courts defer to government agencies’ interpretations of ambiguous laws if reasonable. The principle is crucial for efficient governance as agencies have expertise. Despite concerns about eroding democratic accountability and consistency, Chevron deference ensures agencies operate within legislative frameworks. The conversation also touches on the misconception that federal law alone mandates sex offender registration, clarifying that state laws are the primary drivers, with states retaining significant control over their registries.

[35:23] Sheriff Thomas Hanna of Sedgwick County, Colorado, sexually assaulted an intellectually disabled prisoner during transport. The Tenth Circuit ruled that the county could be liable since Hanna’s actions, although outside official policy, occurred during his official duties. A jury awarded $8.25 million in damages, and the case was sent back to determine the county’s responsibility for the payment.

[51:00] An individual is concerned about selling a car registered to her incarcerated husband, who is on a sex offender registry. Despite police and state registry officials indicating that the car can only be removed from the registry in person by her husband, the suggestion is to sell the car, cancel the registration with the DMV, and let her husband update his registry details upon release.

https://www.registrymatters.co/podcast/rm309-first-amendment-rights-under-fire-the-battle-in-kentucky/

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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

We hosted a live studio audience recording of the podcast attended by “8,000” people. It was a great time. Thank you to everyone for coming out and having fun at the NARSOL conference in Atlanta, Georgia.

In this episode of Registry Matters, we explore a range of critical legal issues and legislative updates. We start with a discussion on a court ruling that bars a wrongfully imprisoned man from suing officials due to immunity protections. Next, we delve into the implications of California’s Tiered Registry Law for PFRs, emphasizing legislative intent and the need for evidence-based practices. We also cover the Pennsylvania Senate’s unanimous passage of a bill criminalizing deepfake child sexual abuse material. Finally, we analyze California Democrats’ pushback against Republican attacks on crime legislation, focusing on effective measures to address retail theft.

[10:01] We discuss a court ruling that prevents a man, wrongfully imprisoned for 35 years, from suing officials for their role in his conviction due to immunity protections for police and prosecutors.
https://www.courthousenews.com/wrongly-convicted-cannot-sue/

[33:57] We discuss the implications of California’s Tiered Registry Law for PFRs, focusing on legislative intent to remove low-risk offenders from the registry and the need for substantial evidence to deny termination petitions, aiming for efficient resource allocation and enhanced public safety.
https://fypeducation.org/wp-content/uploads/2024/06/CA-Corner-Argument-for-Removal-6-15-24-Copy.pdf

[48:31] The Pennsylvania Senate unanimously passed a bill criminalizing the creation, distribution, and possession of deepfake child sexual abuse material. The legislation aims to address the rise of AI-generated explicit content involving minors, providing law enforcement with the necessary tools to combat this emerging threat.
https://penncapital-star.com/briefs/pennsylvania-senate-unanimously-passes-bill-criminalizing-deepfaked-child-sexual-abuse-material/

[55:20] California Democrats countered Republican criticisms of crime legislation, arguing that their bills address retail theft more effectively than repealing Proposition 47. They emphasized that the legislative approach focuses on high-risk offenders and includes urgency clauses to make the laws effective immediately, contrasting with the Republicans’ call for a ballot initiative
https://www.courthousenews.com/california-democrats-push-back-on-republican-attacks-against-crime-legislation/

https://www.registrymatters.co/podcast/rm307-innocence-denied-the-unseen-scars-of-wrongful-conviction
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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

In this episode, we don’t have any cases to discuss, but we do have some compelling content. Initially, I planned to talk about a complaint filed by the ACLU in New York regarding proximity restrictions, but I didn’t have the energy. Tonight, we have some listener questions to address. One question comes from an attorney married to a PFR, and another concerns getting off the registry in Kansas from a person convicted in Missouri. We also have articles about the power of false accusations, and we’ll feature The California Corner with Chance Oberstien.

[3:25] Hosts discuss a case involving a criminal defense attorney’s husband, a PFR under federal lifetime supervision, who is facing seven probation violation charges. They detail a probation officer’s claims, including accessing adult images on Instagram, and question the constitutionality and fairness of these allegations. The conversation highlights broader issues in the probation system and resource allocation.

[16:41] In this segment, we address a listener question from Matthew, who was convicted of sexual abuse in Missouri and served a three-year sentence. Now approaching 50, Matthew has moved to Kansas and is seeking advice on getting off the registry. He faces legal complexities due to differing state laws and is unsure whether to pursue removal in Missouri or Kansas. Larry explains the challenges and offers insights on navigating the legal system, emphasizing the importance of understanding state-specific regulations and seeking legal representation.

[29:41] In this episode segment, Andy and Larry discuss a troubling case where Daniel Pierson was falsely accused of attempted rape and kidnapping in a grocery store parking lot. Initially jailed on these charges, Pierson was later exonerated when his accuser, Anjela Urumova, admitted to fabricating the story. The discussion highlights the severe impact of false accusations, including Pierson’s 31 days in jail and the potential long-term repercussions on his life. The hosts emphasize the importance of thorough investigations and the need for accountability in cases of false reporting, as Urumova now faces her own legal consequences.

[39:36] In this episode segment, Chance delves into “The California Corner” to discuss the concept of “Putting the Jack Back in the Box,” which focuses on rebuilding one’s life after a conviction, particularly for sex offenses. Chance explains that California lacks a Department of Rehabilitation, emphasizing that individuals must take personal responsibility for their rehabilitation. He outlines the steps involved from pre-plea actions, such as undergoing psychological evaluations and therapy, to post-probation strategies, including continued therapy, education, and community involvement. Chance also highlights legal avenues for reducing convictions and obtaining a Certificate of Rehabilitation, stressing the importance of documenting progress and compliance with probation terms. This segment underscores the importance of proactive rehabilitation efforts and navigating the legal system to achieve a better future.

0:00 Intro
3:25 A Deep Dive into a Federal Supervision Case
16:41 Challenges of Being a Registrant on the Sexual Offender Registry
29:41 False Accusations and Their Impact on Lives: Examining Recent Cases
39:36 Putting the Jack Back in the Box

https://www.registrymatters.co/podcast/rm306-putting-the-jack-back-in-the-box-after-a-criminal-conviction

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Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280
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Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI
YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

In this episode, we delve into the intricacies of the McGuire case and its challenge to Alabama’s Sex Offender Registration and Community Notification Act (ASORCNA). We explore the key provisions contested as unconstitutional, including residency, employment, loitering, ID, and internet dissemination regulations. Join us as we navigate through the court’s lengthy 162-page opinion, discuss the various constitutional claims brought by the plaintiffs, and shed light on the complexities and implications of Alabama’s stringent registry laws. We also examine the potential outcomes and next steps following the court’s partial ruling in favor of the plaintiffs.

[9:21] In this segment, the podcast team discusses the recent legal developments surrounding Alabama’s PFR Registry and Community Notification Act (ASCORCNA). They revisit the case of McGuire, which challenged various provisions of the Act. Key points include the extensive litigation history of McGuire’s case, the burdens of proving unconstitutionality, and the complexity of ASCORCNA’s provisions. Despite most of the Act being upheld, the court found the residency provision to be facially unconstitutional under the First Amendment. The team speculates on the potential appeal process and its implications, noting that any changes affirmed by the Eleventh Circuit could affect residency restrictions in Alabama, Georgia, and Florida.

[27:30] We discussed the case of the Commonwealth of Pennsylvania vs. George Torsilieri. The Pennsylvania Supreme Court examined the constitutionality of the state’s revised Sexual Offender Registration and Notification Act (SORNA) Subchapter H. Torsilieri, convicted of aggravated indecent assault, challenged his lifetime registration requirement under Subchapter H, claiming it violated his due process rights and was based on false assumptions about recidivism among sexual offenders. Initially, the lower court sided with Torsilieri, declaring Subchapter H unconstitutional. However, the Pennsylvania Supreme Court ultimately reversed this decision, stating that Torsilieri failed to prove the registration requirements were punitive or unconstitutional. The discussion also touched on the implications of this ruling for future legislation and legal strategies in Pennsylvania.

[42:07] In this segment, Chance clarifies the recent California case regarding the reclassification of attempted crimes. He explains that the California Department of Justice is amending its policy to differentiate between attempted and completed crimes for tier designation. Attempted crimes require specific intent and substantial steps toward the crime’s completion but are generally punished less severely. The DOJ’s previous error was treating attempted crimes the same as completed ones, leading to incorrect tier assignments. The new policy aims to ensure that attempted offenses are properly classified, potentially reducing their tier designation.

https://www.registrymatters.co/podcast/rm305-asorcna-and-the-courts-a-convoluted-legal-saga

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Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI
YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

[05:52] Listener question from YouTube: What are the correct vehicles to challenge the registry other than declaratory judgment?

[21:57] A listener on federal supervision in Ohio was denied internet access by their PO, impacting job searches, healthcare, and education. This appears to be a district-wide issue. Can this policy be challenged given the necessity of internet access today?

[30:48] Examining the Flaws in the CP Offender Risk Algorithm: Insights from Scientific American
https://www.scientificamerican.com/article/a-widely-used-criminal-justice-algorithm-for-assessing-child-pornography/

[38:18] Discover the implications of the Sixth Circuit Court’s recent ruling on Tennessee’s registry law

[45:56] Certificate of Rehabilitation Part 2

https://www.registrymatters.co/podcast/rm304-sixth-circuit-ruling-what-it-means-for-tennessees-registry

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Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280
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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

[2:44] A scammer exploited the national sex offender registry to impersonate law enforcement and extort money from a registered individual at their workplace, prompting a call for protective measures from the Georgia Bureau of Investigation.

[9:16] Episode 299 revisits polygraphs, highlighting a listener’s experience with authorities who view them as conclusive, despite being denied access to the test results.

[24:25] California Corner explores the Certificate of Rehabilitation, detailing its benefits like aiding in job applications and being a step toward a pardon, while clarifying it doesn’t erase convictions or restore gun rights. It also outlines eligibility and the process for applying, emphasizing its role in improving job and housing opportunities for rehabilitated individuals.

[42:53] We discussed the implications of Harvey Weinstein’s conviction reversal, touching on tensions in the legal system, including concerns about eroding defendant protections and the complexities of sexual assault cases. The conversation also explored broader impacts on the justice system, highlighting shifts in rules of evidence and the potential effects on future legal proceedings.

[51:45] The podcast discussion highlights concerns about Minnesota’s civil commitment of sex offenders, noting its high cost and low effectiveness, with the practice resulting in indefinite detentions based more on predictive guesswork than on substantial evidence of risk.

https://www.registrymatters.co/podcast/rm303-targeted-by-intimidation-how-scammers-exploit-registries-for-fraud-and-extortion

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YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

[2:12] We dive into the challenges of recanted testimony in legal cases, explaining why such testimony alone often isn’t sufficient to overturn a conviction. It highlights the unreliability of recantations and the complexities they introduce for prosecutors and the courts. The discussion also covers specific circumstances under which a recantation might be considered more seriously in legal proceedings.

[14:38] A Louisiana man convicted of doing unspeakable things to a teenage girl will have his male parts removed as part of his sentencing, which includes a 50-year stint in prison and physical castration. The victim’s pregnancy resulted from the assault, and DNA testing confirmed the perpetrator was the father.

[40:08] California Corner
Chance delves into California’s Penal Code § 290, which mandates that individuals convicted of certain sex offenses must register as sex offenders with local authorities. The podcast outlines the annual renewal requirements, the consequences of failing to register, and the four key elements prosecutors must prove for a conviction under this statute. The discussion is particularly relevant for understanding how these regulations apply to both residents and those moving into California.

[51:35] A New York state court judge has scheduled Harvey Weinstein’s retrial for sex crimes to commence after Labor Day 2024, following the overturning of his 2020 rape conviction by the state’s top appeals court. The Manhattan District Attorney’s office is eager to retry the case, expressing strong confidence in obtaining a conviction again. The urgency of the retrial reflects the high stakes and public scrutiny surrounding the case, with discussions on potential legal reforms if the retrial does not lead to a conviction on all counts.

[54:11] In this segment, we discuss recent findings from the Brennan Center for Justice and the Council on Criminal Justice, which indicate a significant decline in violent crime across the U.S., contrary to widespread political rhetoric. Highlighting the bipartisan nature of this trend, the hosts examine crime data from major cities, revealing decreases in homicides and other violent crimes, and challenge politicized narratives that claim crime is surging in Democratic-controlled areas. They emphasize the importance of scrutinizing crime data to understand real trends, moving beyond media and political spin.

https://www.registrymatters.co/podcast/rm302-the-ethics-of-castrating-pfrs-is-it-ever-justified
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YouTube: https://www.youtube.com/registrymatters
The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.
To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

In this episode we dig deep into Harvey Weinstein’s overturned conviction by the New York Court of Appeals, focusing on legal aspects such as the admissibility of prior bad acts under Rule 404(b) and Molineux application. The conversation delves into the nuances of legal evidence, exploring exceptions and their implications on court trials, and emphasizing the procedural safeguards and challenges of using past behavior as evidence. The discussion also critiques the trial errors that led to Weinstein’s conviction reversal, highlighting broader issues of justice and fairness in high-profile cases.

[7:15] A listener from Illinois, who enjoys the podcast and has legal registration concerns, seeks advice and feels undervalued by some peers despite helping others legally. They find humor and wisdom in Larry’s segments.

[9:14] Harvey Weinstein’s overturned conviction, focusing on legal evidence and trial errors

[32:30] Chance explores whether a convicted sex offender can obtain a Certificate of Rehabilitation in California after serving prison time, highlighting complexities in the law and the benefits such a certificate might offer.

[43:16] The criminal charges against Los Angeles Assistant District Attorney Diana Teran for unauthorized use of confidential data, highlight a debate over the irony of an ethics official being indicted and the implications for ethical governance in the justice system.
https://www.courthousenews.com/los-angeles-assistant-prosecutor-faces-felony-charges/

[49:38] Florida’s “pay-to-stay” law where ex-inmates are billed $50 per day for their entire sentence, regardless of early release, significantly hampers their rehabilitation and reintegration due to the financial burdens imposed.
https://reason.com/2024/04/24/she-only-served-10-months-behind-bars-florida-still-slapped-her-with-a-127000-bill/

[54:39] Closure of a troubled women’s prison in California due to longstanding issues of sexual abuse by guards. U.S. Senators are demanding accountability for the chaotic transfer of inmates, who reportedly faced neglect and abuse during relocation.
https://apnews.com/article/fci-dublin-california-prison-shutdown-86b7284ca597d89269a1af301c02eed3

https://www.registrymatters.co/podcast/rm301-from-guilty-to-not-the-reversal-of-harvey-weinsteins-conviction

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Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280
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Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI
YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.