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Interesting state certification "dodge" to deal with juve SORNA case from Montana

By Douglas A. Berman

I am intrigued (and I think pleased) that the Supreme Court this morning in US v. Juvenile Male decided to deal with a complicated issue involving retroactive application of a federal sex offender notification provision for adjudicated juvenile delinquents by certifying a question to the Montana Supreme Court. The per curiam order in this case has the SCOTUS Justices asks this question of the Montana Justices: Is respondent?s duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile-supervision order that required him to register asa sex offender, see Mont. Code Ann. §§46?23?502(6)(b), 41?5?1513(1)(c) (2005); State v. Villanueva, 328 Mont. 135, 138?140, 118 P...continue to full post

Full post as published by Sentencing Law and Policy on June 07, 2010 (boomark / email).