Doe v. Toelke
389 S.W.3d 165
Mo.2012Background
- Doe, convicted of first-degree sexual assault in 1983, has been subject to SORA registration since 1995.
- In 2010, Doe sued, arguing SORA is unconstitutional as applied and that he need not register under SORNA.
- The circuit court held SORA unconstitutional as applied and declined to address SORNA or destroy records.
- On appeal, the supreme court reverses the part finding no authority to address SORNA and SORA’s as-applied constitutionality; affirms that records need not be destroyed.
- The central issue is whether ex post facto/retrospective provisions of Missouri Constitution Art. I, §13 bar applying SORA where there was an independent federal registration requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SORA as applied violates Art. I, §13. | Doe contends retroactive operation violates §13. | Replogle argues §13 does not bar applying SORA when tied to present status as registered offender. | SORA can apply; §13 not violated as to Doe. |
| Whether SORNA applicability must be considered in the case. | Doe argues federal SORNA relevance controls. | Court should decide based on state law and independent federal requirement. | Court may address SORNA applicability; not precluded. |
| Whether past SORNA registration imposes a present SORA requirement. | Past federal registration cannot impose present state requirement. | Independent federal registration justifies present SORA. | Present SORA obligation based on federal registration status; valid. |
| Whether the court should destroy Doe’s registration records. | Doe seeks destruction of records. | No destruction if SORA obligation persists. | Judgment affirmed only to extent it does not require destruction. |
Key Cases Cited
- Doe v. Keathley, 290 S.W.3d 719 (Mo. banc 2009) (recognizes SORA applies to those previously required to register under SORNA when present status continues)
- Doe v. Phillips, 194 S.W.3d 833 (Mo. banc 2006) (ex post facto concerns limited to pre-SORA convictions)
- Gurley v. Missouri Bd. of Private Investigator Examiners, 361 S.W.3d 406 (Mo. banc 2012) (constitutional validity of statutes is reviewed de novo)
- Doe v. Keathley, 290 S.W.3d 719 (Mo. banc 2009) (reiterates SORNA’s independent registration baseline)
- In re Brasch, 332 S.W.3d 115 (Mo. banc 2011) (prescribed standard for evaluating statute validity)