Jefferson v. State
308 Ga. App. 549
Ga. Ct. App.2011Background
- Jefferson pleaded guilty in 1993 to aggravated assault with intent to rape; incident occurred in 1992.
- Sex offender registration statute did not exist at the time of sentencing and became law in 1996.
- Jefferson was released from prison in 1997 and did not register as a sex offender.
- In 2010, Jefferson petitioned to be relieved from registration under OCGA § 42-1-12 et seq., arguing he was never listed as a sex offender until 2005 and that he was not a sexual predator.
- Superior Court denied the petition as a matter of jurisdiction under the then-current statute; later amendments changed filing location and requirements.
- The Court of Appeals affirmed, holding the law in place at judgment time allowed judicial consideration of the petition and that Jefferson had viable procedural options.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction for filing under 2009 statute | Jefferson argued DeKalb County court lacked jurisdiction to hear his petition. | State maintained petition validity followed the statute and proper venue rules. | Petition interpretation grounded in 2009 statute; court acknowledged venue constraints but affirmed denial. |
| Effect of 2010 amendments on filing location | Changes retroactively allow filing in the conviction jurisdiction. | Amendments did not retroactively validate Jefferson's earlier approach. | Amendments apply to permit filings in the jurisdiction where convicted; no vested rights impeded application. |
| Whether Jefferson was ever required to register and available relief | Registration was never required given the offense predated the statute. | There is ongoing obligation to comply with registration; multiple avenues exist for relief or relief via other defenses. | Court identified several remedial paths, including registration followed by relief petition, defense to failure to register, or vacating an illegal sentence; judgment affirmed. |
Key Cases Cited
- Frazier v. State, 284 Ga. 638 (Ga. 2008) (plain language governs unless absurd result)
- Outdoor Systems v. Cobb County, 274 Ga. 606 (Ga. 2001) (law applied as of judgment date; retroactivity possible for mere changes)
- Fowler Properties v. Dowland, 282 Ga. 76 (Ga. 2007) (procedural changes may operate retroactively)
- Thomas v. Warren, 284 Ga. 788 (Ga. 2009) (alternative relief for failure to register)
- Jackson v. State, 299 Ga. App. 356 (Ga. App. 2009) (defense alternatives to registration and related motions)