In the case known as Kentucky v Baker we find a very interesting process that happens… The state supreme court finds the application of the state registration laws to be in effect a violation of the ex post facto clause we are all now SO familiar with… However the AG and DA for the state turned around and filed an cert petition in the US Supreme court to appeal the KY Supreme courts ruling. As far as I have been able to discover cert petition must have not gotten accepted by the US Supreme court… Which is not unusual, as the US SC receives thousands of Cert petitions a year and only takes a small percentage of the cases to actually be heard.
The following links will provide you with details
Here is the Opinion Doc from the KY Supreme Court for case Commonwealth of Kentucky v Michael Baker NO. 07-M-00604
Here is a local KY dot com, running a story about how ” Sex offender residency rules still being enforced despite Supreme Court ruling “
I like how the KY Supreme Courts cites “so punitive in effect as to negate any intention to deem them as civil.”…
Here is the PETITION FOR WRIT OF CERTIORARI to the US Supreme Courts from the Commonwealth of Kentucky in an attempt to appeal the Kentucky Supreme Court ruling as petitioned from the Attorney General for the Commonwealth of Kentucky.
Here is RESPONSE IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI from the Baker Defense team. Also known as ” Brief in opposition”
Here now is the Reply Brief in response to Baker from the Commonwealth of Kentucky
Here is the page on the US Supreme Court’s Website listing the Cert Petition and the US Supreme Court decision to deny the Writ of Certiorari
Here is the FAQ’S ON THE Kentucky State Police Sex offender registry site… One of the questions reguards length of registration…”Q: Will those registrants who are currently classified as ten-year registrants have their designation changed to twenty years?
A: No. Offenders already on the registry prior to July 12, 2006 who are classified as ten-year registrants will retain that designation unless they are convicted of an additional offense that would require a different registration designation.”
Additional news… 2011
It seems very clear from the renderings in both of these cases that the KY Supreme Court Justices in a majority rule, have determined that the retroactive application of these laws are as quoted “so punitive in effect as to negate any intention to deem them as civil.”.
With this having been said, it will behoove the Supreme Court Justices of other states as well as the USSC to begin to look closely at the current laws of their jurisdiction, and to begin to move in a forward thinking direction, rather than continue to be held back by a fearful and socially negligent position that serves not the public, but only a narrow understanding of the intent and virtues of the very constitution in which they have been charged with the duty to uphold.
It is when we begin to make one exception to the rule , that is becomes quite simple to make another and then again another. To find proof of this, ask any parent who caved in and stopped at McDonald’s that one time, when at first they said no..” Oh just this one time a weary parent mocks as they pull in to the drive thru, only to hear the echos of the twenty times before when they said they same litany of words… If we can make an exception to whom the constitution applies and does not apply, in one instance, it will be but a matter of time before we find ourselves making more and more exceptions to the rules that give structure to the very foundation of this country. It is the liberties and goals of the democratic ideal, that was written into the very fabric of the constitution by the men who risked life and limb in search of freedom from an oppressive government… It is this that we are challenging… To place a quick stop to the deterioration of the fabric that our forefathers so carefully wove. – Victoria Bliss