No. 18-39

Jason Lee Boyd v. Washington

Lower Court: Washington
Docketed: 2018-07-06
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: civil-rights constitutional-rights criminal-convictions criminal-registration due-process ex-post-facto in-person-appearance offender-registration punishment punitive-law registration-statutes retroactive-application retroactivity statutory-interpretation
Key Terms:
Privacy
Latest Conference: 2018-12-07 (distributed 3 times)
Question Presented (AI Summary)

Whether the requirement of frequent, in-person reporting renders an offender-registration law punitive, such that applying the law retroactively violates the Ex Post Facto Clause

Question Presented (OCR Extract)

QUESTION PRESENTED Numerous jurisdictions require people with certain types of criminal convictions to register their locations with the government. First-generation registration statutes were regulatory, not punitive, and therefore could be applied retroactively without offending the Ex Post Facto Clause. This was in part because the statutes did not include any “in-person appearance requirement|[.]” Smith v. Doe, 538 U.S. 84, 101 (2003). But legislatures have amended these statutes to add more onerous _ obligations. Washington’s amended statute, which requires homeless registrants like Petitioner to report in person weekly, is “perhaps the most burdensome in the country.” App. 28. Yet contrary to decisions of several jurisdictions and over a dissent, the Washington Court of Appeals held the amended registration statute is not subject to the Ex Post Facto Clause. The question presented is: Whether the requirement of frequent, inperson reporting renders an law punitive, such that applying the law retroactively violates the Ex Post Facto Clause.

Docket Entries

2018-12-10
Petition DENIED.
2018-12-03
DISTRIBUTED for Conference of 12/7/2018.
2018-11-28
Rescheduled.
2018-11-07
DISTRIBUTED for Conference of 11/30/2018.
2018-11-02
Reply of petitioner Jason Lee Boyd filed.
2018-10-22
Brief of respondent State of Washington in opposition filed.
2018-09-27
Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2018.
2018-09-25
Motion to extend the time to file a response from October 1, 2018 to October 22, 2018, submitted to The Clerk.
2018-08-30
Response Requested. (Due October 1, 2018)
2018-08-08
DISTRIBUTED for Conference of 9/24/2018.
2018-07-13
Waiver of right of respondent Washington to respond filed.
2018-07-02
Petition for a writ of certiorari filed. (Response due August 6, 2018)

Attorneys

Jason Lee Boyd
Lila J. SilversteinWashington Appellate Project, Petitioner
Lila J. SilversteinWashington Appellate Project, Petitioner
State of Washington
Arne Orlando DennySkagit County Prosecutor's Office, Respondent
Arne Orlando DennySkagit County Prosecutor's Office, Respondent
Washington
Erik PedersenSkagit County Prosecutor's Office, Respondent
Erik PedersenSkagit County Prosecutor's Office, Respondent