Legal Opinion
Commonwealth v. Baker
Kentucky Supreme Court
Decided October 1, 2009No. 2007-SC-000347-CLPublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
I. INTRODUCTION
The question of law to be answered is whether KRS 17.545, which restricts where registered sex offenders may live, may be applied to those who committed their offenses prior to July 12, 2006, the effective date of the statute. We hold that it may not. Even though the General Assembly did not intend the statute to be punitive, the residency restrictions are so punitive in effect as to negate any intention to deem them civil. Therefore, the retroactive application of KRS 17.545 is an ex post facto punishment, which violates Article I, Section 10 of the United…
2Cases cited17 opinions
- Weaver v. GrahamSupreme Court of the United States · 1981
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Kansas v. HendricksSupreme Court of the United States · 1997
- Smith v. DoeSupreme Court of the United States · 2003
- Hudson v. United StatesSupreme Court of the United States · 1997
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3Cited by43 opinions
- John Does v. Richard SnyderCourt of Appeals for the Sixth Circuit · 2016
- Starkey v. Oklahoma Department of CorrectionsSupreme Court of Oklahoma · 2013
- Doe v. ThompsonSupreme Court of Kansas · 2016
- Shaw v. PattonCourt of Appeals for the Tenth Circuit · 2016
- United States v. RuddCourt of Appeals for the Ninth Circuit · 2011
38 more not listed; retrieve them via the Exa API.