Doe v. Snyder

Brief of the National Association of Criminal Defense Lawyers, Criminal Defense Attorneys of Michigan, and National Association for Public Defender as Amici Curiae Supporting Affirmance.

Brief filed: 09/30/2015


Doe v. Snyder

6th Circuit Court of Appeals; Case No. 15-1536

Prior Decision

Decision below 2015 WL 1497852 (E.D. Mich. March 31, 2015).


Due process bars the state from prosecuting a person for otherwise-innocent conduct—including convicted persons' failure to register their presence with law enforcement—without proof of wrongful intent. SORA criminalizes conduct that is ordinarily innocent, and even law enforcement officials disagree on what otherwise-innocent conduct SORA makes criminal. Notice provisions do not replace the due process requirement of proving wrongful intent. Prosecutorial discretion adds to SORA's due process problems.

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Christian J. Grostic, Kuhner & Hamed Co., LPA, Cleveland, OH; Candace Crouse, Pinales Stachler Young, Burrell & Crouse Co., LPA, Cincinnati, OH; John R. Minock, Ann Arbor, MI.