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Kentucky Supreme Court· 10/1/2009

Commonwealth v. Baker

Citations

  • 295 S.W.3d 437
  • 2009 Ky. LEXIS 233
  • 2009 WL 3161371

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding a 1,000 foot residency restriction would “prevent the registrant from residing in large areas of the community”
  • reviewing 1,000 foot residency restriction for sex offenders from schools, publicly owned playgrounds, or licensed daycare facilities in Kentucky
  • finding a 1,000 foot residency restriction to risk “expel[ling] registrants from their own homes, even if their residency predated the statute or arrival of the school, daycare, or playground”
  • finding KRS 17.545, which forced sex offenders to move even if their residency predated the statute or establishment of a new school, day care, or playground, to be punitive
  • “As a threshold question, for a law to be considered ex post facto, ‘it must be retrospective, that is, it must apply to events occurring before its enactment, and it must disadvantage the offender affected by it.’”
  • “Given . . . the fact that there is no individual determination of the threat a particular registrant poses to public safety, we can only conclude that [the statute requiring lifetime registration] is excessive with respect to the nonpunitive purpose of public safety.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cunningham, Noble, Schroder, Scott, Venters, Abramson, Minton

Read full opinion on CourtListener

Cited by

42 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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