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Doe XLVI v. Anderson

Supreme Judicial Court of Maine

January 13, 2015

JOHN DOE XLVI
v.
STEPHANIE ANDERSON et al

Argued: September 10, 2014.

Page 379

Judgment vacated. Remanded to the trial court for further consideration.

On the briefs: Bruce M. Merrill, Esq., Bruce M. Merrill, P.A., Portland, for appellant John Doe XLVI.

On the briefs: Janet T. Mills, Attorney General, Paul Stern, Dep. Atty. Gen., and Laura Yustak Smith, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellees Stephanie Anderson et al.

At oral argument: Bruce M. Merrill, Esq., for appellant John Doe XLVI.

At oral argument: Laura Yustak Smith, Asst. Atty. Gen., for appellees Stephanie Anderson et al.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.[*]

OPINION

Page 380

JABAR, J.

[¶1] John Doe XLVI appeals from a judgment of the Superior Court (Kennebec County, Murphy, J.) denying his request for declaratory relief and a temporary restraining order. Doe argues that Maine's Sex Offender Registration and Notification Act of 1999 (SORNA), 34-A M.R.S. § § 11201 to 11256 (2012),[1] as applied to him violates the Bill of Attainder, Due Process, and Separation of Powers Clauses of the Maine Constitution.[2]

[¶2] The trial court determined that as applied to Doe SORNA is not punitive, and rejected Doe's bill of attainder claim without considering the lack of a judicial trial and specificity, the other elements of a bill of attainder challenge. We conclude that SORNA is punitive as to offenders who were not sentenced to comply with SORNA when SORNA registration was part of sentencing and who were subsequently subjected to SORNA registration when their earlier offenses were added to the statutory list of sex offenses and registration was removed from sentencing. We therefore vacate the judgment with respect to the bill of attainder issue. Because the trial record does not contain

Page 381

sufficient facts regarding the specificity element of Doe's bill of attainder claim, we remand ...


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