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The Michigan Messenger going forward

By Staff Report | 11.16.11

I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]

Colorado-based abstinence program provided false and misleading information to Michigan students

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By Todd A. Heywood | 11.16.11

An abstinence-only presentation provided to numerous school districts in Calhoun and Eaton Counties in October of this year provided false and misleading information to students about HIV, experts allege.

Class action lawsuit filed against MERS over unpaid taxes

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By Todd A. Heywood | 11.15.11

Two county registers of deeds filed a class action lawsuit Monday on behalf of Michigan’s 83 counties alleging that the Mortgage Electronic Registration Services owes millions of dollars in property title transfer taxes.

Schuette fights important mercury regulations

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By Eartha Jane Melzer | 11.14.11

Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.

SCOTUS: Sex offender laws not retroactive

By Ed Brayton | 06.14.10 | 11:52 am

The U.S. Supreme Court has ruled that federal legislation governing the state sex offender registries does not apply to any actions taken prior to that legislation being passed.

The Sex Offender Registration and Notification Act was passed in 2006, requiring all sex offenders who move from one state to another to comply with all the registration requirements in the new state. The plaintiff in the case, Thomas Carr, was a convicted sex offender in Alabama who moved to Indiana prior to the passage of that bill without complying with Indiana registration laws.

Carr was convicted under the SORNA statute, but challenged his conviction on the grounds that the U.S. Constitution forbids ex post facto laws — laws that apply to actions taken before that law existed. The district and appeals courts ruled against Carr, but now the Supreme Court has overturned those rulings and reversed his conviction.

Interestingly, they did so without ruling on the constitutional question. Instead, the court looked at the statute itself and concluded that it did not apply retroactively. The SORNA law, therefore, is constitutional but the application of it in Carr’s case was not in line with the statute itself.

The lineup in this case was highly unusual. Instead of the usual conservative/liberal split, the majority opinion, written by Justice Sonia Sotomayor, was joined by Chief Justice Roberts and Justices Stevens, Breyer and Kennedy. The dissenting opinion, written by Justice Samuel Alito, was joined by Justices Thomas and Ginsburg. Justice Scalia wrote a separate opinion concurring with the majority ruling but dissenting from one part of the judgment.

Here is the full ruling:


Carr ruling

Comments

  • http://www.cfcamerica.org Concerned

    I am no lawyer, I am no Supreme Court Justice.
    Having said that, in my humble opinion as a parent of 3….
    This case would have offered a solution for hundreds of thousands of children and families who are being wrongfully, unconstitutionally banished from society due to the implementation of the National Sex Offender Registration Act, SORNA and the Adam Walsh Act.
    Both state and federal constitutions strictly forbid any ex post facto, (retroactive) laws from being passed. (All documented on our website http://www.cfcamerica.org ) The Federal Government in 2007, under then Att. General Alberto Gonzales, (Who was run out office) VIOLATED his oath of office and made the Adam Walsh Act implemented retroactively.
    This has required men or women, fathers and mothers who committed 1 crime decades ago now be required to register as sex offenders. Once registered, these fathers and mothers lose their jobs, their places to live due to the stigma of the registry. The children of these parents then are the target of ridicule and banishment from society as well. All because an unconstitutional law has been allowed to stand.
    These supreme court justices sidestepped the clear violation of the constitutions on purpose so they would not have to admit the Adam Walsh Act and SORNA are unconstitutional.
    What a let down to know the SUPREME COURT OF THE UNITED STATES justices , injustices side with allowing unconstitutional law which banishes men, women and children into homelessness to stand. God help America when the very highest court in the land is corrupt.

  • yellowroselady

    I know the American Voting Public is tired of the “business as usual” approach that the US Congress and State General Assemblies have taken for the past several years and are now in the process of making the changes necessary to correct the ship. I know some groups are starting to track the voting history of their legislators and will use that to make the necessary check marks on the ballot to force change.

    Unless you have a bottomless pocket or purse I would suggest you do (2) things: Google SORNA, which is Title 1 of the Adam Walsh Child Protection and Safety Act, and determine for yourself if your state can afford to fund a broken system. We should have learned by now that throwing money at a problem does not solve it. Need I quote a few recent bailouts? All states except Ohio and Delaware have either chosen to not implement due to finances or have asked for an extension. Oh, and by the way, Ohio is covered up with law suits now. Then, I would suggest you make your own tracking mechanism and vote out the folks that keep throwing money at a broken system.

    John Walsh said, “Let's get rid of the 700,000 on the sex offender registry and focus on the 10,000 that are real violent threats to society. But, that is too simple. Many persons charged with maintaining and tracking the folks on the registry will gladly tell you it is senseless and they don't have the money or resources to enforce it. Enough said!

    • http://www.cfcamerica.org Concerned

      You said…John Walsh said, “Let's get rid of the 700,000 on the sex offender registry and focus on the 10,000 that are real violent threats to society… can you show me documentation that he said that… a link, a video.. a pdf file.. anything????

      • yellowroselady

        He was briefly interviewed during a segment of the Nancy Grace Show back in September 2009. I was watching it and was surprised since he advocates “bringing down the bad guys” and usually includes ALL sex offenders in that group.

        • http://www.cfcamerica.org Concerned

          Thank you for that info…
          Is there any way for you to get me a link to him saying that, or a link to a story that quotes him saying that..
          Very much needed… for our website.
          If so, that would be awesome…

          • yellowroselady

            I will try to find a link. I'm with RSOL and just joined your site.

  • http://profiles.yahoo.com/u/76T3ESNTQ3ROSJ6C5BIDTVHZKU Bennie W

    I remember the comment myself of John Walsh, although I still have disdain for him, he finally made a statement worth something more than blind hate and ego stroking.

    Ex post facto
    Latin for “from a thing done afterward.” Ex post facto is most typically used to refer to a law that applies retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the US Constitution prohibit ex post facto laws: Art 1, § 9 and Art. 1 § 10. see, e.g. Collins v. Youngblood 497 US 37 (1990) and California Dep't of Corrections v. Morales 514 US 499 (1995).

    Actually there are four reasons why Ex Post Facto are not constitutional:

    1. criminalize actions that were legal when committed; or 2. aggravate a crime by bringing it into a more severe category than it was in at the time it was committed; or
    3. change or increase the punishment prescribed for a crime, such as by adding new penalties or extending terms; or
    4. alter the rules of evidence in order to make conviction for a crime more likely than it would have been at the time of the action for which a defendant is prosecuted.

    In all these conditions these sex offender laws that apply retroactively have made offenses more severe that what an offense otherwise would have been under a previous statute, and that is retroactive application of a law, and is unconstitutional.

  • Anonymous

    This Michigan new sex offender law is un Constitutional how can u tell someone whos due off the list  that now they are on it for ever life??? When will these dirty politicians ever stop throwing around their power its a sad day in Michigan,The people need to stand up for their rights whats next its sad. As well as unjust.