Monday, November 17, 2008

CA: Superior Court Rules on Retroactivity Superior Court of Orange County, California

Milligan argues various amendments and additions to the sex offender registration laws, enacted since his initial duty to register commenced in March 1987, when considered collectively constitute punishment and, therefore, would violate the ex post facto clauses of United States and California Constitutions if retroactively applied to him.

"We therefore affirm the judgment, with a proviso that Milligan is not subject to the SPPCA's residency restrictions and GPS monitoring requirements because they do not apply retroactively"

See SexOffenderIssues for full text and links.