Grieshaber v. Fitch
409 S.W.3d 435
Mo. Ct. App.2013Background
- Grieshaber pled guilty in 2001 to two counts of attempted child molestation against a minor, age difference 19 vs 13.
- He registered as a Missouri sex offender in February 2005.
- In October 2010 he amended his petition to seek removal from Missouri’s registry under section 589.400.8 of SORA.
- Defendants moved for summary judgment arguing failure to meet removal criteria and that Grieshaber has an independent federal obligation to register under SORNA.
- Trial court granted summary judgment, concluding Grieshaber remains under Missouri registration due to SORNA and cannot seek removal.
- Court reviews de novo and holds SORNA imposes an independent federal registration obligation, making removal under 589.400.8 unavailable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Grieshaber has an independent federal obligation to register under SORNA | Grieshaber argues SORA controls and removal is allowed | Grieshaber has an independent federal duty to register under SORNA | Grieshaber has independent federal obligation; removal unavailable |
| Whether SORNA applies to intrastate offenders and is constitutional as applied | Registration requirement cannot constitutionally reach intrastate activity | Section 16913(a) valid to track interstate movement and applies to intrastate offenders | Section 16913(a) constitutional; intrastate offenders may be registered |
| Whether Grieshaber may petition for removal under 589.400.8 given SORNA-based registration | Removal should be available under state provision | Removal not available because registration is based on independent federal obligation | Removal under 589.400.8 denied |
Key Cases Cited
- Doe v. Keathley, 290 S.W.3d 719 (Mo. banc 2009) (independent federal registration requirement triggers state duty to register)
- Doe v. Toelke, 389 S.W.3d 165 (Mo. banc 2012) (state registration based on SORNA; removal limits under SORA)
- U.S. v. Howell, 552 F.3d 709 (8th Cir. 2009) (section 16913(a) constitutional to track intrastate offenders under Commerce Clause)
- Carr v. United States, 560 U.S. 438 (2010) (federal failure-to-register penalties require interstate travel component)