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The End of the Road for the Madera Case

By Corey Rayburnyung

I've been following the Madera case for a while now and when I was out of town, the decision from the 11th Circuit was filed. Basically, the court found for Madera because the prosecution was before a declaration of retroactive application. As a result, the court did not decide the constitutional issues. Here is a portion of the opinion:    In so finding, we reject the Government?s argument that the Attorney General was not given full discretion to determine whether SORNA would be retroactively applied to sex offenders convicted before its enactment. We cannot agree that 42 U.S.C. § 16913(d) ?addresses only those offenders unable to comply with the timing requirements for initial registration under § 16913(b).? We recognize, as have some district courts, that ?[t]here is a tension between the title of subsection (d) and its text...continue to full post

Full post as published by Sex Crimes on May 29, 2008 (boomark / email).