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Sex Crimes Archives

Sixth Circuit Addresses Retroactive Application of SORNA

In July 2006, Congress passed the Sex-Offender Registration and Notification Act ("SORNA"), which provides federal criminal penalties for sex offenders who move across state lines and fail to comply with sex offender registration requirements. The act indicated that the Attorney General would have the authority to specify how and to what extent the act would apply to sex offenders convicted before enactment of SORNA or before implementation of SORNA in a particular jurisdiction. Subsequently, the Attorney General has indeed ruled that the provisions of SORNA are to apply to all sex offenders, regardless of when the convictions occurred and regardless of when implemented in particular jurisdictions. Federal courts are still trying to sort out which offenders are subject to SORNA and which are not.

Sixth Circuit Addresses Retroactive Application of SORNA

In July 2006, Congress passed the Sex-Offender Registration and Notification Act ("SORNA"), which provides federal criminal penalties for sex offenders who move across state lines and fail to comply with sex offender registration requirements. The act indicated that the Attorney General would have the authority to specify how and to what extent the act would apply to sex offenders convicted before enactment of SORNA or before implementation of SORNA in a particular jurisdiction. Subsequently, the Attorney General has indeed ruled that the provisions of SORNA are to apply to all sex offenders, regardless of when the convictions occurred and regardless of when implemented in particular jurisdictions. Federal courts are still trying to sort out which offenders are subject to SORNA and which are not.

Sixth Circuit Addresses Retroactive Application of SORNA

In July 2006, Congress passed the Sex-Offender Registration and Notification Act ("SORNA"), which provides federal criminal penalties for sex offenders who move across state lines and fail to comply with sex offender registration requirements. The act indicated that the Attorney General would have the authority to specify how and to what extent the act would apply to sex offenders convicted before enactment of SORNA or before implementation of SORNA in a particular jurisdiction. Subsequently, the Attorney General has indeed ruled that the provisions of SORNA are to apply to all sex offenders, regardless of when the convictions occurred and regardless of when implemented in particular jurisdictions. Federal courts are still trying to sort out which offenders are subject to SORNA and which are not.

Counsel Ineffective in Not Informing of Lifetime Community Supervision

In the summer of 2010, the Tennessee Supreme Court released an opinion in the case of Marcus Ward v. State, which held that it was constitutional error when a trial court failed to advise a defendant pleading guilty about the lifetime community supervision requirement which is a mandatory consequence of conviction of many sex crimes. The Tennessee Supreme Court has recently also added that failure of counsel to advise a client of the lifetime community supervision requirement is deficient performance of counsel. Calvert v. State, M 2008-00426-SC-R11-PC (Tenn. 4-28-2011).

Counsel Ineffective in Not Informing of Lifetime Community Supervision

In the summer of 2010, the Tennessee Supreme Court released an opinion in the case of Marcus Ward v. State, which held that it was constitutional error when a trial court failed to advise a defendant pleading guilty about the lifetime community supervision requirement which is a mandatory consequence of conviction of many sex crimes. The Tennessee Supreme Court has recently also added that failure of counsel to advise a client of the lifetime community supervision requirement is deficient performance of counsel. Calvert v. State, M 2008-00426-SC-R11-PC (Tenn. 4-28-2011).

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