Q: How can you attack a state statute you believe is unconstitutional?
The 2005 amended statute, chapter 62 on retroactive application of the sex offender registry I believe strongly is unconstitutional. See Dissent (Price, J.) Reynolds v. State NO. PD-1369-12. In Reynolds, the court passed over the question of constitutality holding that Reynolds failed to preserve the aurgument for review. My question is, if the constutioanlity of this statute brought before the court again and preserved; a) what do you think the outcome will be? b) will the court tow the line as with probably 40 other state courts and hold the statute constitutional? Thanks.
A: Three questions. Hire an attorney to the first. I cannot address the second and third questions fully without doing a ton of research. Even private criminal defense attorneys who already know the case law would still have to do a ton of research.
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