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Smith v. Doe

Docket No.: 01-729
Certiorari Granted: Feb 19 2002
Argued: November 13, 2002
Decided: March 5, 2003


Article 1, Section 10: Ex Post Facto, Criminal Procedure, Article I, Double Jeopardy, Due Process, EPA, First Amendment, Fourteenth Amendment, Privacy Act, background checks, credit reports, criminal procedure, habeas, habeas corpus, murder

PartyNames: Delbert W. Smith and Bruce M. Botelho v. John Doe I, et al.
Petitioner: Delbert W. Smith and Bruce M. Botelho
Respondent: John Doe I, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 259 F.3d 979. QUESTION PRESENTED Alaska's sex offender registration act, Alaska Stat. ยง 12.63.010 et seq., requiresconvicted sex offenders to register with the Alaska Department of Public Safety and makes offender information available to the public. The department elected topublish the information on the Internet. Does the statute, on its face or as implemented by the Department of Public Safety, impose punishment for purposes of the Ex Post Facto Clause of the United States Constitution?
Lower Court Decision
Supreme Court Docket

Delbert W. Smith and Bruce M. Botelho
John Doe I, et al.
538 U.S. 84 (2003)

Does the Ex Post Facto Clause of Article I Section 10 prohibit the Alaska Sex Offender Registration Act's registration requirement as a retroactive punishment?

Smith v. Doe

November 13, 2002

Holding: reversed and remanded
Decision: Decision: 6 votes for Smith, 3 vote(s) against

Smith v. Doe
Case Documents

1Slip Opinion in Smith v. Doe (Opinion by )
2Opinion in Smith v. Doe
3Opinion in Smith v. Doe
Additional documents for this case are pending review.