State v. Hardwick
150 Idaho 580
| Idaho | 2011Background
- Defendant enticed children over the internet, a felony, on June 15, 2004 and pled guilty.
- A withheld judgment was granted on February 23, 2005 with a five-year supervised probation.
- Probationers were required to register as sex offenders under Idaho law.
- Idaho Code § 19-2604 provided a path to withdraw a guilty plea and dismiss the case if conditions were met.
- In 2006, § 19-2604(3) was amended to prohibit dismissal or reduction for offenses requiring sex offender registration.
- On July 1, 2009, defendant moved to terminate probation, withdraw the plea, and dismiss; the district court denied relying on the 2006 amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2006 amendment violates ex post facto protections | Hardwick argues the amendment increases punishment | Hardwick contends the amendment is punitive | No ex post facto violation; amendment nonpunitive |
Key Cases Cited
- Wheeler v. Idaho Dept. of Health and Welfare, 147 Idaho 257 (2009) (ex post facto analysis set forth for punishment burden)
- State v. Parkinson, 144 Idaho 825 (2007) (expungement scope and civil rights restoration discussed)
- Ray v. State, 133 Idaho 96 (1999) (registration statute not punitive; remedial purpose)
- Smith v. Doe, 538 U.S. 84 (2003) (ex post facto punitive standard; nonpunitive characterization of registration)
- Caron v. United States, 524 U.S. 308 (1998) (federal firearms prohibition linked to civil rights restoration)
