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Univ. of San Diego School of Law

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Monday, June 7, 2010

Court certifies question on sex offender statute to Montana Supreme Court

The per curiam opinion in United States v. Juvenile Male is here. The certified question:

Is respondent’s duty to remain registered as a sex offender under Montana law contingent upon the validity of the conditions of his now-expired federal juvenile-supervision order that required him to register as a sex offender, see Mont. Code Ann. §§46–23–502(6)(b), 41–5–1513(1)(c) (2005); State v. Villanueva, 328 Mont. 135, 138–140, 118 P. 3d 179, 181–182 (2005); see also §46–23–502(9)(b) (2009), or is the duty an independent requirement of Montana law that is unaffected by the validity or invalidity of the federal juvenile-supervision conditions, see §46–23–502(10) (2009); 2007 Mont. Laws ch. 483, §31, p. 2185?

The opinion states that the Montana court's answer "will help determine whether this case presents a live case or controversy, and there is no controlling appellate decision, constitutional provision, or statute on point."

http://lawprofessors.typepad.com/crimprof_blog/2010/06/court-certifies-question-on-sex-offender-statute-to-montana-supreme-court.html

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