· 12/2/1999
Kellar v. Fayetteville Police Department
Citations
- 5 S.W.3d 402
- 339 Ark. 274
- 1999 Ark. LEXIS 612
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that with regard to the defendant’s opportunity to contest his assessment level or the constitutionality of the statute, “due process requirements of the Constitution are satisfied when an adequate post-deprivation procedure exists”
- observing that “the vast number of federal and state courts confronted with the issue of the validity of sex-offender registration statutes have found the laws constitutional,” and listing cases
- holding that the Act is not punitive
- construing prisoner’s argument that he was denied an opportunity to contest the sex offender level risk level assigned to him as a procedural due process claim
- The Ex Post Facto Clause was applicable to an administrative statute if its retroactive application constituted punishment.
- “[W]hile there may be some punitive characteristics inherent in the registration and notification statute under Arkansas’ Registration Act, the Act is essentially regulatory and therefore non-punitive in nature.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tom Glaze
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.