No. 23-107

Louis Matthew Clements v. Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-08-03
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: criminal-procedure criminal-sanction custody due-process federal-jurisdiction habeas-corpus liberty liberty-restraint sex-offender-registration statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2023-12-08 (distributed 3 times)
Question Presented (AI Summary)

Whether a person is 'in custody' within the meaning of 28 U.S.C. § 2254 if that person remains subject for the rest of his life to a state-law sex-offender registration scheme

Question Presented (OCR Extract)

QUESTION PRESENTED Federal courts “shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a) (emphasis added). This case concerns the standard for an individual to be “in custody” within the meaning of that provision. This Court has explained that, although an individual’s custody may begin when he is placed “behind prison walls and iron bars” (Jones v. Cunningham, 371 U.S. 236, 243 (1963)), it extends beyond those technical confines to any circumstance where the state actively supervises a person’s movements such that “[h]e cannot come and go as he pleases.” Hensley v. Municipal Court, 411 U.S. 345, 351 (1973) (limits attending presentence recognizance establishes “custody”). “What matters” is that the restrictions imposed on the petitioner “significantly restrain petitioner’s liberty to do those things which in this country free men are entitled to do.” Jones, 371 U.S. at 243 (parole conditions establish “custody”). The question presented in this case, over which the lower courts are openly divided, is whether a person is “in custody” within the meaning of Section 2254 if that person remains subject for the rest of his life to a state-law sex-offender registration scheme that, among other things, compels his frequent physical appearances for inperson reporting at particular times and places and limits the circumstances under which he may travel, all under threat of criminal sanction.

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-11-06
2023-10-23
2023-09-05
Motion to extend the time to file a response is granted and the time is extended to and including October 23, 2023.
2023-09-01
Motion to extend the time to file a response from September 22, 2023 to October 23, 2023, submitted to The Clerk.
2023-08-23
Response Requested. (Due September 22, 2023)
2023-08-16
DISTRIBUTED for Conference of 9/26/2023.
2023-08-14
Waiver of right of respondent Florida, et al. to respond filed.
2023-08-01
Petition for a writ of certiorari filed. (Response due September 5, 2023)

Attorneys

Florida, et al.
Henry Charles WhitakerFlorida Office of the Attorney General, Respondent
Henry Charles WhitakerFlorida Office of the Attorney General, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Louis Matthew Clements
Michael B. KimberlyMcDermott Will & Emery LLP, Petitioner
Michael B. KimberlyMcDermott Will & Emery LLP, Petitioner