Consumer Law, Warranties Breech of Contract with State Of Texas in a Criminal Matter

[justicedenied]

I comitted a sex offense in Texas in 1985 well before Texas enacted it's sex offender registration statute in 1991. In 1996, Texas changed the statute to be retroactive to 1970. My sentence was for 15 years in a plea bargain agreement supposing to end in 2000. There were no admonishments by the covicting court about any future law enactments, any notice given about a future registration law that I would have to abide by. Texas in my opinion illegally extended my sentence of 15 years by not discharging my sentence until 12/18/2010 (an additonal 10.5 years) breaking the contract of 15 years set out in the plea bargain agreement. They are retroavtively applying the registration statute to me without due process and notice thereby breeching the contract also, essentially making a contract for life because they say I must register for the rest of my life. As a side note: The is also a Texas Federal Eastern District Case (Creekmore v. Texas Attorney General - 2005) where it was stated in the opinion that creekmore's prior ferderally recognized legal status was altered by having to register and creekmore was given relief). I believe my legal status is also being altered. Do I have a case?

 

[army judge]

Everyone has a case, or so many say.
Speak with a lawyer or two, and see what they think.
Precedents don't apply to you, until you litigate matters in dispute before a court.

I know the case of which you cite.
There are some unusual facts in that case.

It may not apply as much as you think.
Either way, the only way to know is to bring the power and fury of a lawsuit and see what happens! Good luck!

 

[fredrikklaw]

Ex post facto violation!

The Constitution of The United States strictly and unequivocally prohibits Ex Post Facto laws, which is what has happened in your case and from the information you have given, I would say you very well have a case against the State of Texas.

Ex post facto laws are prohibited pursuant to the authority of §9 and §10 of Article I of the U.S. Constitution which are of course acts of legislatures and enactment of laws that retrospectively either criminalize conduct that was legal at the time it was performed or increase (alter) the punishment for a crime after it was committed; basically it is the act of closing the barn door after the horses have bolted and shameless political grandstanding.

File a Habeas Corpus petition for violation of the Ex Post Facto clause with your locale's U.S. District Court (Federal Court) since the action entails a Constitution question and if denied, take it up to the U.S. Court of Appeals. The only exception to ex post facto is when the new enacted law does not alter and leaves untouched the underlying sentence and punishment; California Department of Corrections v. Morales, 514 US 499 (1995).

Here, your sentence and punishments have been altered, augmented, increased, and generally fiddled with and violated at the fancy of the State of Texas.

fredrikklaw

 

[army judge]

Bringing a case before a federal court is articulated easier than doing it.