Wednesday, February 24, 2010
Ind. Decisions - More on: 7th Circuit decides two Indiana cases today, in one opinion
Updating this ILB entry from Dec. 22, 2008, where the 7th Circuit decided the case of Carr v. United States, the SCOTUS is today hearing oral argument in the case.
Anna Christensen has a good preview of the argument here on SCOTUBlog. A quote:
On February 24, in No. 08-1301, Carr v. United States, the Court will consider the application of SORNA’s registration requirements to individuals who not only were convicted before SORNA’s enactment but also traveled before the statute became law. This will be the Court’s first consideration of sex offender registration laws since it upheld two state statutes against Ex Post Facto Clause and due process challenges in 2003.And here from Sentencing Law and Policy Blog, an entry headed "Ex Post Facto day for sex offenders at the Supreme Court".
In 2004, petitioner Thomas Carr was convicted of first-degree sexual abuse in Alabama and registered as a sex offender there after his release from custody. When Carr moved to Indiana at the end of 2004, however, he failed to register there – a failure that was discovered in July 2007, when he was arrested for an unrelated incident. After Carr was indicted for failing to register under SORNA, he moved to dismiss the indictment on the ground that his interstate travel pre-dated SORNA and a conviction would thus violate the Ex Post Facto Clause. The motion was denied; Carr entered a conditional guilty plea and appealed the denial.
Posted by Marcia Oddi on February 24, 2010 09:52 AM
Posted to Ind. (7th Cir.) Decisions