October 13, 2009

OH- Court nixes conviction in sex registration case

Without addressing the court's decision, I noticed something about court decisions, especially those governing sex offenders.

Laws governing sex offenders are different than all other laws, prior notice to the offender is mandated under all sex offender laws, federal and state. Proof of that is seen in AWA and State laws, by those jurisdictions requiring a signed form used to indicate that the jurisdiction notified the offender of his/her duties under the laws. That form is unnecessary except to cover the notice requirement written into law.


Now, if after the fact, it takes a panel of highly skilled judges to decide whether or not a person has violated a specific law, how in the name of heavens is a reasonable man supposed to know what is required of him/her?

10-13-2009 Ohio:

CINCINNATI — A federal appeals court has tossed out an Ohio man's conviction for failing to update his registration as a sex offender.

The court in Cincinnati says he was indicted based on a regulation that wasn't ready yet.

In a 2-to-1 decision, the 6th Circuit Court of Appeals on Tuesday ordered that the indictment against Marcus Cain be dismissed.

Cain was convicted of attempted rape in 1998.

The court says Cain's indictment for failing to register with authorities after moving from Ohio to Georgia covered a period that ended in March 2007. But that was while the government was still gathering comments on a regulation for applying a new federal registration to sex offenders convicted before July 2006. ..Source.. by Dayton Daily News

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