Cal Supremes To Rule On Retroactivity of Sex Offender Registration Monday

Earlier today the California Supreme Court issued a Notice of Forthcoming Filing that it will render its decision in Doe v. Harris as well as an automatic death penalty appeal (in People v. Nunez/Satele).   The Doe ruling is expected to answer a question certified to the Supremes by the Ninth Circuit–namely, whether “Under California law of contract interpretation as applicable to the interpretation of plea agreements, does the law in effect at the time of a plea agreement bind the parties or can the terms of a plea agreement be affected by changes in the law?”

In English, the question is whether defendants who pled guilty to offenses which were not registrable sex offenses pursuant to P.C. 290 at the time of their plea can revisit their plea agreements (or have their requirement to register vacated) based on post-plea changes to state and federal law which dramatically expend the scope of offenses which require lifetime registration.

The opinion should be available at 10 a.m. Monday via the Court’s Web site.

-CAD

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