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Monday, November 02, 2009

Courts - Kentucky Supreme Court won't suspend sex offender ruling

The AP is reporting:

FRANKFORT, Ky. -- The Kentucky Supreme Court on Monday denied the state's request to suspend its recent ruling which loosened restrictions on where convicted sex offenders may live.

Attorney General Jack Conway last week asked the state's supreme court to delay implementation of the ruling while the decision was appealed to the U.S. Supreme Court. * * *

An order from the Kentucky court Monday says its ruling would remain in effect during an appeal to the U.S. Supreme Court.

Here is the story by Beth Musgrave of the Lexington Herald-Leader. It begins:

FRANKFORT—The Kentucky Supreme Court has denied a stay of an October ruling that allows sex offenders who were convicted before July 2006 to choose where they live without restrictions.

Kentucky probation and parole officers were enforcing restrictions despite the October ruling after Attorney General Jack Conway asked the Kentucky Supreme Court to suspend its ruling while he asks the U.S. Supreme Court to hear the case.

The Kentucky Department of Corrections made that decision on the advice of its own lawyers. [ILB - This was an issue re the LCJ editorial discussed in earlier ILB entries.]

On Monday, the state Supreme Court, in a one-paragraph order, denied Conway's request for a stay.

Lisa Lamb, a spokeswoman for the Kentucky Department of Corrections, said sex offenders who were convicted before July 2006 will no longer have to comply with those living restrictions.

Allison Martin, a spokeswoman for Conway, said the office will ask the U.S. Supreme Court to issue a stay.

"We will be filing a motion with the U.S. Supreme Court for a stay while it considers whether or not it will hear Kentucky's case," Martin said.

See this ILB entry from earlier today and this one from Oct. 31.

What about Indiana? In State of Indiana v. Anthony W. Pollard (6/30/09) our Supreme Court ruled:

The question presented is whether a section of the Indiana Sex Offender Registration Act that we refer to as the “residency restriction statute” constitutes retroactive punishment forbidden by the Ex Post Facto Clause contained in the Indiana Constitution. In this case the answer is yes.
See this ILB entry from July 1st, plus this list of related entries. Re how the decision is being implemented in Indiana, see this entry from Oct. 14th, headed "Two Lafayette sex offenders told they can go home."

The story today reports the Kentucky attorney general now "will ask the U.S. Supreme Court to issue a stay."

Incidentally, the SCOTUS is already hearing a ND Indiana federal sex offender case - the appeal of the 7th Circuit's decision in Carr v. United States. The question is whether SORNA (the Sex Offender Registration and Notification Act) can be applied retroactively. For more, see this ILB entry from Sept. 30th and this one from Dec. 22, 2008.

Posted by Marcia Oddi on November 2, 2009 06:29 PM
Posted to Courts in general