NE- Nebraska Supreme Court hears sex offender registration appeal

A very interesting case and needs to be followed.

9-6-2009 Nebraska:

The Nebraska Supreme Court is considering whether former Lincoln strip club owner John Ways Jr. must register as a sex offender, despite the fact the time limit on his original order to do so expired while he was in prison.

Ways, 43, went to prison in 1996 for pandering after setting up a sexual liaison between a 16-year-old girl and a 47-year-old man.

He was in prison when the state's Sex Offender Registration Act requiring anyone convicted of certain offenses to register took effect in January 1997, but he did not register upon his June 1998 release. A judge would rule later that he must for 10 years.

In 2001, the state filed a request to determine whether Ways' conviction fit the requirements of the Sex Offender Registration Act. Ways argued it did not, because he had served part of his sentence before the law went into effect.

A judge ruled against him, and Ways appealed. In 2003, the appeals court ruled against him.

By May 15, 2003, Ways was in federal custody for possession of an explosive device and wasn't released until July 28, 2008.

Again, he did not register. In December, Lancaster County District Judge Robert Otte said that his federal probation officer told Ways he didn't think he had to register because his original order required him to do so only until July 24, 2008.

While Ways was in prison, the Nebraska Legislature changed the law so the time a person is not in compliance or is incarcerated stops the clock on the length of time he or she has to register.

That prompted prosecutors to charge Ways Oct. 29 with violating the act. Ways turned himself in, and, as part of a plea agreement, the state dismissed the charge.

But in December, Otte said Ways must register until at least April 9, 2014. He also ordered Ways to serve 54 days in jail and pay a $1,000 fine for contempt of court. Ways pleaded no contest to the contempt charge, served the time and paid the fine.

On Friday, Ways' attorney, James Beckmann, said during oral arguments before the Nebraska Supreme Court that the state had no right to come after him years after the original order and offense.

Beckmann said it is highly unusual -- in fact, he said he'd never heard of it in another case -- for a judge to put an end date on the registration requirement. But because now-retired Lancaster County District Judge Bernard McGinn did so, Beckmann said, Ways is off the hook and should not be required to re-register.

The Nebraska Attorney General's Office argued the state has the authority to order him to do so regardless of the original order.

The high court heard arguments and will rule at a later time. ..Source.. by Journal Star