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State v. Harris / State v. Gaskill

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Date: 
Thursday, May 31, 2012

 

S-11-0527, State v. Jason J. Harris (Appellant) and 
S-11-0528, State v. Timothy A. Gaskill (Appellant) (consolidated cases)

Lancaster County, Judge Robert R. Otte

Attorneys: Joshua W. Wier (Dornan Lustgarten & Troia PCLLO) (for Appellants) --- Stacy M. Foust (Assistant Attorney General)

Criminal: Violation of the Sex Offender Registration Act under Neb. Rev. Stat. § 29-4011(1), a Class IV felony

Proceedings below: Appellant Harris was found guilty and sentenced to pay a $2500 fine. Appellant Gaskill was found guilty and sentenced to pay a $2500 fine.

Issues: (1) The new Sex Offender Registration Act violates the ex post facto clause of the Nebraska and U.S. Constitutions on its face and as applied to Appellants. (2) The new Sex Offender Registration Act violates the Due Process Clause of the Nebraska and U.S. Constitution on its face and as applied to Appellants. (3) The new Sex Offender Registration Act violates the Equal Protection Clause of the Nebraska and U.S. Constitutions on its face and as applied to Appellants. (4) The new Sex Offender Registration Act violates the Commerce Clause of the U.S. Constitution on its face and as applied to Appellants.

This page was last modified on Friday, November 9, 2012