This is an interesting case and is likely to turn on what "foreign jurisdiction/s" are involved and whether he was afforded due process in those jurisdictions when -convicted, if convicted- 27 years ago..4-14-2010 Tennessee:
A man identified only as "John Doe" has filed suit in Chancery Court seeking to stay off the Sex Offender Registry.
The man, who said he moved to Hamilton County in 1989 and has not picked up any new sex offenses, was notified recently by county detective Jimmy Clift that he had 48 hours to register as a sex offender.
He is suing detective Clift as well as Sheriff Jim Hammond, state Attorney General Robert Cooper and TBI Director Mark Gwyn.
The suit, filed by attorney Jerry Summers, says the man was convicted in January 1983 in two other states "of criminal offenses which may or may not qualify as predicate offenses coming under the provisions" of the Tennessee Sexual Offender Registry.
It says he served approximately three years in custody on the charges.
The suit says it is believed he could have had the charges expunged, but failed to do so.
It says requiring him to go on the registry now would amount to double jeopardy and violate the prohibition against Ex Post Facto laws.
Chancellor Frank Brown signed a restraining order blocking imposition of the registry requirement pending a hearing on April 27 at 2:30 p.m.
The suit says the case was brought as a John Doe "in order to protect his individual privacy rights under the Tennessee Constitution. . . and to obtain a judicial ruling prior to any highly prejudicial dissemination of the facts and circumstances of his past conviction 27 years ago in a foreign jurisdiction and effect upon his professional and private life and his family." ..Source.. The Chatanoogan.com
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