November 5, 2009

AL- Fed appeal court upholds sex offender requirements

Reading the court decision it is hard to tell if, they are saying he violated FEDERAL law or STATE law. Clearly he had notice from the state he left, to register if he moved -although that notice didn't mention a federal requirement to do so- and he did not register when he did move. The decision is not clear, so the due process issue is not yet foreclosed in every fact circumstance, just this set of facts.

11-5-2009 Alabama:

ATLANTA (AP) -- A federal appeals court has upheld an aggressive federal program aimed at tracking and monitoring sex offenders.

The ruling by the 11th Circuit Court of Appeals on Thursday marks the first time an appeals court in the circuit has upheld the Adam Walsh Act, a 2006 law that aims to create a national sex offender database and creates stiff penalties for those who fail to register.

It stems from the case of William Eric Brown, who was appealing his 2008 conviction for failing to reregister as a sex offender after moving from North Carolina to Alabama. Brown had argued the new requirements were "impossible" to comply with because he never received notification about them.

The three-judge panel's ruling, however, concluded there was "no due process violation." ..Source.. by WZTV.com

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