6th Circuit Court of Appeals case — Does v Snyder
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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’
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
Slate | Aug. 26, 2016 | By Mark David Stern
Appeals Court Issues Scathing Ruling Against Michigan Sex Offender Penalties
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This is part of the huge problem most all offender organizations have with the registry. Everyone gets treated by one rulebook and there are no alternatives. (Apologies for the lack of response, Ronald, please feel free to post)
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..missouri abuse the law in that offenders who have not offended in 20+ years are treated as though they just committed the offense.