Published on: Friday, February 10, 2023
Florida man: requiring registration and reporting after completing my sentence of probation on a charge of lewd or lascivious conduct constitutes illegal custody. Files habeas. To seek a writ of habeas corpus, one must be "in custody," and that doesn't necessarily mean "physical custody" (per SCOTUS in 1963). Eleventh Circuit: Nevertheless, individuals subject to Florida's lifetime registration and reporting requirements for sex offenders are not in custody. Concurrence: Custody ought to mean physical custody.
The case is Clements v. Florida, No. 21-12540 (11th Cir. Feb. 9, 2023).