But it should be noted that this option would not be without hurdles. In order to change the outcome, the next logical step may be to pursue the creation of favorable federal precedent. With attorneys in Wichita , Topeka , Lawrence , and Overland Park , we serve clients from the Oklahoma border to the Kansas City area. The Kansas Supreme Court appears to have offered an invitation, though past opinions demonstrate that challengers will face a steep uphill battle. On August 4, , in State v. Offenders who still wish to sue for relief from KORA obligations are not completely without options. Thompson, it also published State v. For those interested in the court filings submitted in Doe v.
For convenience, we offer the following information for registrants and others curious about the case, its outcome, and next steps: On the same day the Kansas Supreme Court published Doe v. As legislatures have retroactively applied increasingly more arduous requirements on registered sex offenders, courts nationwide have been asked to decide whether offender registration is punishment or merely civil regulation. He challenged the application of Senate Bill 37 , which expanded the duration and other offender registration requirements in Kansas to individuals convicted of crimes occurring before July 1, the effective date of the law. The Ex Post Facto Clause prohibits, among other things, retroactively increasing the punishment for a crime already committed. Unlike many other states, and unlike the registration scheme the United States Supreme Court upheld against ex post facto scrutiny in Smith v. During the time in between the presentation of these cases, there was a change of justices serving on the Kansas Supreme Court. Offenders who still wish to sue for relief from KORA obligations are not completely without options. He further requested that he be relieved from registration obligations upon expiration of his original registration term 10 years. On August 4, , in State v. On April 22, , the Kansas Supreme Court issued a decision affirming the district court. Because our attorneys are focusing on providing our clients the best representation possible, they are simply unable to handle the volume of calls coming into the office. In order to change the outcome, the next logical step may be to pursue the creation of favorable federal precedent. But it should be noted that this option would not be without hurdles. With attorneys in Wichita , Topeka , Lawrence , and Overland Park , we serve clients from the Oklahoma border to the Kansas City area. Thompson, it also published State v. If you have been charged with a KORA violation, contact us today. For years, registrants have asserted that registration schemes are punitive, but litigation on the issue increased after many states amended their registration requirements to comply with the Adam Walsh Act. Justice Stegall, who authored the majority opinion in State v. The firm will no longer be offering consultations to individuals seeking general advice about their KORA obligations. Cases charging KORA violations warrant careful consideration of strict liability and the often vague requirements offenders are alleged to have violated. Specifically, the case discusses whether offender registration is cruel and unusual punishment in violation of Section 9 of the Kansas Bill of Rights and the Eighth Amendment to the United States Constitution. For those interested in the court filings submitted in Doe v. The Kansas Supreme Court appears to have offered an invitation, though past opinions demonstrate that challengers will face a steep uphill battle. Thompson was decided while a vacancy on the Kansas Supreme Court was occupied by an assigned senior judge, but not published until after the vacancy had been permanently filled by Justice Caleb Stegall. The district court granted John Doe his requested relief.
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