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    michigan does v snyder

    6th Circuit Court of Appeals case — Does v Snyder

    In late August the U.S. 6th Circuit Court of Appeals handed down a ruling that has registrants and lawyers around the country excited.  The case, Does v. Snyder, challenged various parts of Michigan’s sex offense registration law.  Six individuals using the last name “Doe” won, the State of Michigan lost.   The Sixth Circuit is the *first* federal appeals court to declare what the whole world has long known,  the sex offense registry is “punishment”—a big victory for reason and justice.  Co-counsel for the winners,  Paul Reingold of the Michigan Clinical Law Program and Miriam Aukerman of the ACLU of Michigan, have a new memo with detailed information about the decision that includes advice for registrants – stay compliant with the current law until the dust settles. 

     

    The legal wrangling ain’t over… As Michigan, the losing party, operates a busy scarlet letter machine that has made the state’s sex offense registry one of the largest in the country, they quickly requested a rehearing before the panel of judges that decided the case.  Request refused.   Then Michigan asked to put the decision on hold, “remand.”  Court issued an order putting the decision on ice.  As soon as that order for was issued, lawyers for the winners asked the court for rehearing.  Quickly the court vacated its order.   When things finally get  settled with the 6th Circuit, Michigan has the option of asking the U.S. Supreme Court to review the decision.   So stay tuned.   Below are links to the  Aukerman/Reingold memo, the decision and other material.  Have a look at the news headlines.  –Bill Dobbs

     

    Sex Offender Registration After Does v. Snyder

    By Miriam Aukerman and Paul Reingold

    http://www.sado.org/Articles/Article/491

     

    ACLU of Michigan has a statement about the decision here, and more here and here.     

     

    Sample Pleadings in connection with Does v. Snyder

    http://www.sado.org/Articles/Article/492

     

    Does v. Snyder – decision filed Aug. 25, 2016

    US Court of Appeals for the Sixth Circuit, Case Nos. 15-1536/2346/2486

    http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0207p-06.pdf

    Audio of oral argument – Part One–Jan. 27, 2016    Part Two–Apr. 27, 2016

     

    News coverage and blog stories

     

    Washington Post | Aug. 26, 2016 | By Fred Barbash

    Court says Michigan sex offender registry laws creating ‘moral lepers’

    https://www.washingtonpost.com/news/morning-mix/wp/2016/08/26/court-mich-treating-sex-offenders-as-moral-lepers-restrictions-struck-down/

     

    Reason.com | Aug. 26, 2016 | By Jacob Sullum

    6th Circuit Says Mich. Sex Offender Registry Is Punitive and, Not Incidentally, Stupid

    http://reason.com/blog/2016/08/26/6th-circuit-says-michigans-sex-offender

     

    Mimesis Law | Aug. 26, 2016 | By Andrew Fleischman

    Sixth Circuit: Michigan’s Sex Offender Registry Is Punitive

    http://mimesislaw.com/fault-lines/andrew-fri-sixth-circuit-sex-offender-registry-is-punitive/12483

     

    Simple Justice | Aug. 27, 2016 | By Scott Greenfield

    The 6th Circuit Finally Said The Magic Word: Punitive

    https://blog.simplejustice.us/2016/08/27/the-6th-circuit-finally-said-the-magic-word-punitive/

     

    Michigan Radio | Aug. 26, 2016 | By Jack Lessenberry

    Michigan’s sex offender law is unfair and probably unconstitutional

    http://michiganradio.org/post/michigans-sex-offender-law-unfair-and-probably-unconstitutional#stream/0

     

    Slate | Aug. 26, 2016 | By Mark David Stern

    Appeals Court Issues Scathing Ruling Against Michigan Sex Offender Penalties

    http://www.slate.com/blogs/xx_factor/2016/08/26/appeals_court_strikes_down_michigan_sex_offender_penalties.html

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    Categories: Constitutionality, Court Findings, Legislating Morality, News

    Tags: punishment, punitive

    FAC Petitions Governor Scott to Clean Up the Registry Justice Department Limits on Landlord Background Checks

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Please Read: COVID-19 & Registry

In this trying time we want to reiterate a few things for our registrants and families. We don't want there to be any confusion or penalties concerning registry requirements during the Coronavirus Pandemic.

 

Make sure you know current requirements. You can go to your Sheriff's Office website to see if there is new information there. If so, we suggest you do a screen print and save it. Call your registry office to get clarification on any questions you might have. Document the date, time, who you spoke with and their instructions regarding any address change, vehicle, employment, travel dates if required, etc.

 

Keep in mind if you are required to update your drivers license annually through the Department of Motor Vehicles (DMV) you should contact them for their status. Some are limiting the number of people allowed inside and you have to wait to receive a call from them and then come back inside. Document any instructions.

  Be safe, be smart, stay healthy and know we will get through this.
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