Tracy L. Henderson - Attorney at Law
Case Blog
Focusing on Criminal Defense and Civil Litigation

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New Supreme Court Ruling
Changes Sex Offender Registration

Client gets letter from Department of Justice saying may have remedy for his requirement to register as a sex offender based on a new case that comes down from supreme court saying statute he was convicted of violates the equal protection clause of the constitution in that it requires mandatory as opposed to discretionary registration. So I research the issue and realize that nobody has really done this kind of “motion.” The question is what is the proper procedural vehicle as all the supreme court said was to send the issue back to the trial court to determine, exercise his discretion, whether or not client should continue to register based on the public policy behind the statute (intent of the legislature) and case law. The purpose of 290 sex offender registration is to keep track of people likely to reoffend and specifically was created to protect the children against child molesters. It is being perverted into anyone who commits a “sex crime” and ruining lives of people who are not pedophiles, sexually violent predators or likely to reoffend.

Posted June 8, 2009



Tracy L. Henderson - Attorney at Law