Convicted Sex Offender Seeks Relief Under Habeas Corpus, But Is He “In Custody”

An individual who is convicted of a state crime has the right to challenge the constitutionality of their conviction in federal court through a legal tool known as a writ of habeas corpus. Habeas corpus is available to any individual who is currently “in custody.” In the past, the Supreme Court has interpreted “in custody” to not only mean physical incarceration but also, other restrictions such as parole and release pending trial.

A new case before the Supreme Court is asking SCOTUS to consider whether an individual who must register as a sex offender for the rest of their life is “in custody” for the purpose of filing a writ of habeas corpus. If the justices agree that he is, then he would be eligible to file for federal habeas relief.

The defendant in Florida v. Clements is a Florida resident and must register as a sex offender. The defendant was placed on the state’s sex offender registry for life in 2008 after he pleaded guilty in state court under pressure from his lawyer and family to a charge of “lewd and lascivious conduct.” As a registered sex offender, the defendant faces specific reporting requirements. He must report to the local sheriff’s office twice a year, notify the state within 48 hours of any changes to his employment, residence, or out-of-state travel plans, and live at least 1,000 feet away from places frequented by children. Failure to comply with these requirements is considered a felony under Florida law.

Defendant seeks habeas relief

 In 2017, the defendant went to federal court seeking to challenge the constitutionality of his conviction. The district court dismissed his case for lack of jurisdiction. Essentially, the court ruled that because the defendant was not “in custody,” the court did not have the power to hear his case.

The defendant appealed the ruling. The U.S. Court of Appeals for the 11th Circuit upheld the dismissal of his case. The court, however, acknowledged that starting in the 1960s, the Supreme Court expanded the meaning of “custody” for habeas purposes to include more than physical incarceration. Those on parole, probation, and more are considered to be “in custody.” The 11th Circuit Court ruled that those expansions were expressly for individuals who face extensive limits on personal freedom and movement. The court ultimately ruled that being placed on a sex offender registry was not severely limiting enough to warrant the defendant being considered “in custody.” However, it acknowledged that given the precedent, it was a difficult question to answer.

Ultimately, a ruling in favor of the defendant would allow those on sex offender registries to appeal their convictions in federal court so long as they remain encumbered by reporting requirements.

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Source:

scotusblog.com/2023/09/florida-man-subject-to-lifetime-sex-offender-registration-requirements-argues-that-he-is-in-custody-for-purposes-of-federal-post-conviction-laws/