No. 22-413

Robert M. Atwell v. Tennessee

Lower Court: Tennessee
Docketed: 2022-11-02
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-challenge constitutional-law criminal-conviction criminal-law due-process ex-post-facto public-school school-premises-restriction sex-offender-registration tennessee-law
Key Terms:
SocialSecurity Jurisdiction
Latest Conference: 2022-12-02
Question Presented (AI Summary)

Was the Petitioner's arrest and conviction under the TSORA a violation of the Ex Post Facto Clause of the U.S. CONST., art. 1, sec. 10, cl. 1?

Question Presented (OCR Extract)

QUESTIONS PRESENTED INTRODUCTORY STATEMENT: The Petitioner is a registered sex offender in the State of Missouri, with two qualifying convictions. The first was in 1996 and the second in 2001. While visiting in Johnson City, Tennessee, in August of 2018, Petitioner accompanied his girlfriend to register her son for the first day of elementary school. Petitioner was arrested and subsequently convicted of felony violation of the Tennessee Sex Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004 (the “TSORA”), T.C.A §40-39201, et seg., which prohibits sex offenders from “be[ing]... on the premises of any...public school.” T.C.A. 1. Was the Petitioner’s arrest and conviction under the TSORA a violation of the Ex Post Facto Clause of the U.S. CONST., art. 1, sec. 10, cl. 1? i RELATED CASES e State of Tennessee v. Robert M. Atwell, Jr., Docket No. 44881, Criminal Court for Washington County Tennessee. Judgment of Conviction entered on July 8, 2020. e State of Tennessee v. Robert M. Atwell, Jr., Docket No. Tennessee Court of Criminal Appeals, Opinion filed March 1, 2022. e State of Tennessee v. Robert M. Atwell, Jr., Docket No. Tennessee Supreme Court, Order denying Application for Permission to Appeal entered on August 3, 2022. ii

Docket Entries

2022-12-05
Petition DENIED.
2022-11-09
DISTRIBUTED for Conference of 12/2/2022.
2022-11-04
Waiver of right of respondent State of Tennessee to respond filed.
2022-10-31

Attorneys

Robert Atwell
William Soaper Lockett Jr.Law Office of William S. Lockett, Jr., Petitioner
William Soaper Lockett Jr.Law Office of William S. Lockett, Jr., Petitioner
State of Tennessee
Courtney Nicole OrrTennessee Attorney General and Reporter, Respondent
Courtney Nicole OrrTennessee Attorney General and Reporter, Respondent