“Malone’s Appeal: Lifetime Registration Under SORA Challenged in Michigan Courts” – This podcast delves into the legal battle of Kenneth Malone, who appealed his lifelong registration under the Sex Offenders Registration Act (SORA) in Michigan. Despite Malone’s argument that this constituted cruel and unusual punishment, the Court of Appeals upheld his registration. Andy and Larry dissect Malone’s case, discussing the appropriateness of his legal approach, his history of mental health issues, and the gravity of his offense. They also explore the debate surrounding the effectiveness of sex offender registries and the potential for a different outcome in the Michigan Supreme Court.

[2:30] Letter from a concerned listener

[12:08] Washington State is considering having PFRs non-public
https://newstalk870.am/wa-panel-might-push-to-outlaw-sex-offender-community-notifications/

[16:09] Michigan Court of Appeals affirms lower court ruling in Lifelong Registration
https://www.macombdaily.com/2023/09/22/court-of-appeals-rejects-cruel-unusual-punishment-claim-in-lifetime-sex-offender-registration/

[45:12]
https://www.latimes.com/california/story/2023-09-26/wrongly-accused-of-rape-in-l-a-county-as-a-teen-man-freed-from-prison-after-28-years

https://www.registrymatters.co/podcast/rm278-lifelong-registration-vs-justice-the-malone-story/

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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.

In this episode, we discuss the Clements v. State of Florida case currently before the U.S. Supreme Court. Andy is intrigued by the case and wonders why Larry waited until the last minute to discuss it. Larry explains that he only learned about it recently. They delve into the details of the case, where Clements filed a petition for a writ of habeas corpus, claiming that sex offender registration and restrictions should qualify as being “in custody.”

Larry is skeptical of this argument, stating that Clements is not technically in custody as defined by the law. Andy argues that the registration requirements are similar to probation, but Larry disagrees, emphasizing the differences. They also debate whether the case has practical consequences for individuals facing restrictions on their liberty due to sex offender registration.

[4:44] A young woman from West Virginia informed the Wyoming legislative committee that a former youth pastor who groomed her during her teenage years is currently residing in Wyoming without facing any consequences.
https://www.wyomingnews.com/news/local_news/victim-warns-judiciary-committee-that-some-sex-offenders-go-unpunished-in-wyoming/article_a28c32f4-5721-11ee-9347-e30101cb22b8.html

[19:20] Discussion about Clements v. State of Florida, emphasizing the pro se petition’s importance in establishing custody.
https://www.scotusblog.com/2023/09/florida-man-subject-to-lifetime-sex-offender-registration-requirements-argues-that-he-is-in-custody-for-purposes-of-federal-post-conviction-laws/

[41:21] Law enforcement recommended considering legal action against a minor due to explicit photo-sharing, a practice experts note as frequent.
https://apnews.com/article/ohio-police-child-sexual-abuse-response-tiktok-0477a43e82b1d9120b35d8ce223af007

https://www.registrymatters.co/podcast/rm277-supreme-court-showdown-is-he-really-in-custody/
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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.

In this episode of Registry Matters: In a recent Connecticut case, a federal judge ruled in favor of sex offender James Cornelio, stating that the state’s law mandating disclosure of online aliases and email addresses violated his First Amendment rights. Judge Jeffrey Meyer acknowledged that while the law didn’t outright ban speech, it inhibited Cornelio’s ability to communicate freely online, especially anonymously. Initially, the judge had dismissed the case, but the Second Circuit reversed, demanding evidence that the law effectively prevented or detected crimes. Upon reevaluation, Judge Meyer found the state’s failure to demonstrate the law’s effectiveness over its 15-year existence and granted Cornelio declaratory and injunctive relief. The Connecticut Attorney General’s office is reviewing the decision, facing challenges to overturn it, and navigating potential political implications for the upcoming 2024 election. This case underscores the tension between public safety and individual First Amendment rights in sex offender registration laws.

Also we covered:

[12:50] A long time patron asks for Larry’s opinion on the governor’s ability to limit constitutional rights during a state of emergency, including issues like housing troops and the right to trial by jury.

[19:49] Why someone in Wisconsin is still on GPS monitoring despite a Supreme Court ruling and clarified statutes regarding repeat habitual sex offenders.

[26:47] The case from Connecticut involves a law mandating disclosure of email addresses and online identifiers, which a federal judge ruled to have chilled the communication of PFRs (Potentially Frightening Recipients). The speaker notes that the other person was initially skeptical but acknowledges the judge’s decision in favor of the plaintiff.
https://www.courthousenews.com/connecticut-disclosure-rules-for-sex-offenders-unconstitutional/

[44:03] Louisiana Supreme Court, State vs. William Lee, and questions its relevance to PFRs (Persons Forced to Register

https://www.registrymatters.co/podcast/rm276-challenging-connecticut-pfrs-fight-for-online-privacy

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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 a 6-3 decision, the Texas Court of Criminal Appeals ruled that “judicial clemency” does not exempt sex offenders from registration. The doctrine, established in 1965, allowed courts to dismiss charges and penalties after probation. Danny Richard Lane’s case exemplifies the issue; though he believed judicial clemency cleared his duty to register, the court ruled that only a pardon based on innocence or a conviction reversal can terminate this obligation.

[4:27] https://thecrimereport.org/2023/09/07/judicial-clemency-does-not-forgive-sex-offender-registration/

[36:39] https://www.cbsnews.com/news/leonard-mack-exonerated-47-years-after-wrongful-rape-conviction/

[41:24] https://www.npr.org/2023/09/07/1198160934/actor-danny-masterson-sentenced-to-30-years-to-life-in-prison-for-rape

[44:23] https://reason.com/2023/09/06/with-22-year-sentence-ex-proud-boys-leader-enrique-tarrio-pays-hefty-trial-penalty/

https://www.registrymatters.co/podcast/rm275-locked-in-unless-innocent-in-texas

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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.

This is a deep dive into Montana v. Richard Hinman case, which was decided by the Montana Supreme Court. They discuss the background of the case, the retroactive application of the Sexual or Violent Offender Registration Act (SVORA), and its constitutionality in relation to ex post facto punishment. They also emphasize the significant changes in SVORA over the years, particularly the increased burdens and restrictions placed on registrants, leading to the court’s conclusion that the law since 2007 is punitive and cannot be applied retroactively. The court’s decision highlights the substantial limitations on registrants’ liberty and privacy, ultimately determining that SVORA, as it exists today, is unconstitutional in this regard.

[6:19] Can New York’s Sex Offender Registry guidelines be legally challenged for scientific accuracy?

[14:42] What is the impact of judicial appointments on court decisions, emphasize the need for bipartisan support in issues like qualified immunity, and highlight a recent positive change where certain amendments to federal sentencing guidelines will be applied retroactively, potentially reducing sentences for thousands of incarcerated individuals.
https://www.courthousenews.com/ninth-circuit-panel-shakeup-leads-to-reversal-in-lapd-officer-immunity-bid/

[26:37] The National Association for Criminal Defense Lawyers applauds the US Sentencing Commission’s vote to make recent amendments to sentencing guidelines retroactive, potentially allowing for reduced sentences for thousands of currently incarcerated individuals starting in February 2024.
https://www.nacdl.org/newsrelease/News-Release-~-08-25-2023?_zs=B2BgM1&_zl=wJRD7

[35:05] State Department of Corrections releasing some PFRs from lifetime GPS tracking following Wisconsin Supreme Court ruling
https://captimes.com/news/government/wisconsin-releases-sex-offenders-from-gps-bracelets-after-court-ruling/article_f399b2d4-3250-530d-964f-798eef014db5.html

[40:51] Montana v. Richard Hinman

https://www.registrymatters.co/podcast/rm274-exposing-svoras-secrets-the-montana-supreme-court-verdict/

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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.

Tonight, we’re not dealing with any cases to dissect, so we’ll be focusing on other activities. We do, however, have a case from the Eighth Circuit Court of Appeals that concerns civil commitment. We’ve also got some articles and comments to discuss.

[4:51] A listener expresses gratitude for addressing their issue and questions the possibility of multiple case numbers being filed for child pornography images. Larry explains that such a charging strategy could be justified in certain circumstances, like different victims or behavior separated in time, and the defense can still file a joinder motion.

[13:22] https://www.foxnews.com/video/6331972414112
A video from Fox News about Miracle Village in Florida and considers the possibility of a lawsuit due to biased reporting. Larry advises against pursuing legal action as it would be challenging to meet the required standards for a successful lawsuit. They discuss the idea of compiling evidence of journalistic violations but acknowledge the difficulty in proving harm and initiating a lawsuit on behalf of the citizens of Miracle Village. Organizational standing is seen as a potential obstacle to pursuing legal action.

[27:32] https://www.latimes.com/california/story/2023-07-14/two-more-corrections-officers-charged-with-sexual-abuse-of-inmates-at-notorious-fci-dublin
Two former corrections officers at FCI Dublin, Nakie Nunley, and Andrew Jones, have been charged and pleaded guilty to sexually abusing female inmates at the San Francisco Bay Area prison, known as “the rape club.” Nunley, who worked as a supervisor at a Unicor call center staffed by inmates, was charged with having sexual contact with five victims and lying about the incidents to federal investigators. He also threatened one inmate with transfer and job loss if she didn’t comply with his demands. The ongoing investigation has led to convictions of other prison staff, including Warden Ray Garcia and prison chaplain James Highhouse, as well as four other corrections officers. The Department of Justice Office of the Inspector General is actively pursuing justice for the victims of sexual abuse at FCI Dublin. Garcia and Highhouse have already been sentenced to prison terms for their involvement.

[33:41] https://www.courthousenews.com/trafficking-bill-gets-new-life-after-pushback/
The state Assembly’s Public Safety Committee initially failed to pass a sex trafficking bill but later voted in favor of it after reconsideration. The bill aims to add human trafficking of a minor for commercial sex acts to serious felonies, but some Democrats expressed concerns about the three strikes law’s effectiveness in preventing crime. Governor Gavin Newsom’s involvement and Assembly Speaker Robert Rivas’ discussions with the bill’s author may be influenced by political considerations.

[33:41] https://www.courthousenews.com/trafficking-bill-gets-new-life-after-pushback/
The Eighth Circuit upheld the Minnesota Sex Offender Program, stating that it does not violate detainees’ constitutional rights. The program detains certain sex offenders indefinitely, with judges determining them to be “sexually dangerous persons” or having a “sexual psychopathic personality,” and although there were past challenges to its constitutionality, the court ruled in favor of the program’s conditions and objectives.

https://www.registrymatters.co/podcast/rm273-dark-secrets-of-fci-dublin-the-tale-of-sexual-exploitation/

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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.

• The Wisconsin Supreme Court ruled that a person convicted of multiple counts of possession of child pornography in a single case does not have to register for life under the state’s sex offender registration statute.
• The court found that the phrase “separate occasions” in the statute refers to separate incidents or times at which an event occurred. In this case, the five convictions all occurred during the same hearing, so they did not meet the definition of “separate occasions.”
• The court’s ruling means that Corey Rector, the man who challenged the statute, will not have to register for life and will not be subject to lifetime GPS monitoring.
• The state of Wisconsin argued that the court’s interpretation of the statute was too narrow and that it would allow sex offenders to avoid lifetime registration even if they had committed serious offenses. However, the court rejected this argument, stating that it was bound by the plain meaning of the statute.
• The court’s ruling is significant because it could affect the outcome of other cases involving sex offenders who have been convicted of multiple counts in a single case. It could also lead to changes in the state’s sex offender registration statute.

Here are some additional points that were raised in the text:

• The state’s attorney general had previously issued an opinion that multiple convictions in the same case require lifetime GPS monitoring. However, the court found that this opinion was not binding.
• The court’s ruling was not unanimous. Two justices dissented, arguing that the court’s interpretation of the statute was too narrow and that it would allow sex offenders to avoid lifetime registration even if they had committed serious offenses.
• The court’s ruling was met with mixed reactions. Some people praised the court for its decision, while others criticized the ruling as being too lenient on sex offenders.

[18:31] Question about a PFR moving to Georgia.

[25:52] Wisconsin Supreme Court ruling gives hope to offenders on lifetime GPS
https://captimes.com/news/community/wisconsin-supreme-court-ruling-gives-hope-to-offenders-on-lifetime-gps/article_2b054c54-1860-5761-93ff-cc04f1395719.html

https://www.registrymatters.co/podcast/rm272-wisconsin-supreme-court-determined-the-meaning-of-separate-occasions/

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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, Andy and Larry discuss the case of Does v. Raúl Labrador, attorney general of Idaho, which involves a challenge to Idaho’s Sexual Offender Registration Notification and Community Right-to-Know Act (Idaho SORA). The plaintiffs in the case are six individuals who were charged or convicted before 2006 and are required to register for life under SORA. Idaho’s sex offender registration law was originally enacted in 1993 and was subsequently replaced by SORA in 1998, which expanded the categories of offenders required to register and made the registry publicly accessible. SORA has since been amended multiple times.

There is also a question answered as well as covering an update on the legislation in the Ninth Circuit with the Alliance for Constitutional Sexual Offense Laws

[4:05] Question / Comment that Larry doesn’t think outside of the box

[11:30] Pacific Legal Foundation and the Alliance for Constitutional Sexual Offense Laws

[26:18] Does v. Raúl Labrador

https://www.registrymatters.co/podcast/rm271-unpacking-idaho-sora-examining-the-case-of-does-v-raul-labrador/

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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.

Live before a studio audience recording of the show from the annual NARSOL Conference in Houston Texas

Andy and Larry discuss a gun case from the Third Circuit Court of Appeals that connects to registry issues. Bryan Range, who pleaded guilty to a nonviolent misdemeanor in 1995, was prohibited from possessing a firearm due to federal law. Range challenged the law’s constitutionality, claiming it violated his Second Amendment rights. The District Court initially ruled against him, but the Third Circuit affirmed the decision, stating that Range’s conviction placed him outside the class of people traditionally entitled to Second Amendment rights. The court examined factors such as the nature of the offense, the absence of violence, and the lack of imprisonment. They concluded that the government failed to justify the lifetime ban on firearm possession. The court differentiated between weapon forfeiture and a status-based ban, highlighting the lack of statutes or cases that prevent a convict from purchasing firearms after serving their sentence. Andy and Larry discuss the potential implications of this ruling for those on the registry, hoping it could challenge lifetime deprivations of constitutional rights.

[10:09] Voicemail regarding international travel

[21:13] Comment that “…but violated after transfer”

[27:24] Question regarding moving to another country

[35:22] Interstate Compact transfer

[46:16] How a False Food Stamps Claim Connects to Gun Rights and Registry Issues!

https://www.registrymatters.co/podcast/rm269-how-a-false-food-stamps-claim-connects-to-gun-rights-and-registry-issues

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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.