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Fourth Circuit· 7/15/2010

Kennedy v. Allera

Citations

  • 612 F.3d 261
  • 2010 U.S. App. LEXIS 14536
  • 2010 WL 2780188

How courts have described this case

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

  • concluding that SORNA imposes obligations on a sex offender that are independent of state law
  • affirming that “SORNA’s clear and unequivocal requirement that individuals convicted of sex offenses must register as sex offenders under federal law applie[s] . . . even though Maryland had not fully implemented SORNA.”
  • noting SORNA does not require the states to comply with its directives but rather gives states a choice whether to do so or risk losing a portion of their funding
  • “[Wjhile SORNA imposes a duty on the sex offender to register, it nowhere imposes a requirement on the State to accept such registration.”
  • “[W]hile SORNA imposes a duty on the sex offender to register, it nowhere imposes a requirement on the State to accept such registration.”
  • “While a court may not, of course, simply assume the existence of Article III standing, prudential standing questions may be avoided in order to decide a case on the merits.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Niemeyer, Gregory, Shedd

Read full opinion on CourtListener

Sourced 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.