Maryland, et al. v. Jimmie Rogers
DueProcess FifthAmendment HabeasCorpus Punishment
Did the Court of Appeals of Maryland depart from this Court's decisions in Smith v. Doe and Apprendi v. New Jersey
QUESTION PRESENTED Did the Court of Appeals of Maryland depart from this Court’s decisions in Smith v. Doe and Apprendi v. New Jersey in holding, contrary to the decisions of numerous federal courts of appeals and state supreme courts, that sex offender registration constitutes “punishment” within the meaning of the Sixth and Fourteenth Amendments to the United States Constitution, and that, as a result, any fact necessary for placement on the sex offender registry, such as the victim’s age, must be determined beyond a reasonable doubt during the criminal proceeding, even if that fact is not an element of the criminal offense that is the basis for registration?