Tuesday, July 23, 2013

State of Alabama v. Thornal Lee Adams, alias

State of Alabama v. Thornal Lee Adams, alias (CR-08-1728, Oct. 2010)

Summary:

"The State of Alabama appeals the trial court's order declaring unconstitutional that portion of former § 15-20-22(a)(1), Ala. Code 1975 -- a part of the Community Notification Act ("CNA"), § 15-20-20 et seq., Ala. Code 1975 -- requiring an adult criminal sex offender to provide the Alabama Department of Corrections ("DOC"), at least 45 days prior to the offender's release from custody, "the actual address at which he or she will reside or live upon release", and dismissing the indictment charging Thornal Lee Adams with violating that section. We affirm."

The Alabama Court of Appeals ruled the practice of charging homeless registrants for "Failure To Register" violated Equal Protection (14th Amendment) and Cruel and Unusual Punishment (8th Amendment).

Since the Alabama Supreme Court denied certiori in this case, this decision sits as the highest decision in the state. So simply the act of being homeless is not enough to warrant a "failure to register" charge.

Read more in the link:

http://statecasefiles.justia.com/documents/alabama/court-of-appeals-criminal/08-1728.pdf?ts=1370466526

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