University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Santos v. State of Georgia CJ-GA-0006
Docket / Court 07CR1281B ( State Court )
State/Territory Georgia
Case Type(s) Criminal Justice (Other)
Attorney Organization Legal Services/Legal Aid
Southern Center for Human Rights
Case Summary
A homeless convicted sexual offender was asked to leave the shelter where he had been living. For several months, he had no fixed residence address. He was arrested and charged with violating the State of Georgia's registry requirements because he did not register a new address with the county ... read more >
A homeless convicted sexual offender was asked to leave the shelter where he had been living. For several months, he had no fixed residence address. He was arrested and charged with violating the State of Georgia's registry requirements because he did not register a new address with the county sheriff within 72 hours prior to leaving the shelter, as required by the statute.

On October 27, 2008, the Georgia Supreme Court quashed his indictment, holding that the address reporting requirements violate the due process clauses of the Georgia and U.S. Constitutions in that they fail to provide proper notice of what is required of a homeless offender who lacks a street or route address.

Denise Heberle - 12/30/2009


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Issues and Causes of Action
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Issues
General
Sex offender regulation
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) State of Georgia
Plaintiff Description Convicted sexual offender who is homeless and without a residence address and can not comply with the State's registration requirements.
Indexed Lawyer Organizations Legal Services/Legal Aid
Southern Center for Human Rights
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
S08A1296 (State Supreme Court) 04/23/2008
CJ-GA-0006-9000.pdf | Detail
Westlaw
General Documents
Opinion 10/27/2008 (668 S.E.2d 676)
CJ-GA-0006-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Thompson, Hugh P. (State Supreme Court)
CJ-GA-0006-0001
Monitors/Masters None on record
Plaintiff's Lawyers Darragh, Lee (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Geraghty, Sarah E. (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Sykes, Vanessa Elizabeth (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Defendant's Lawyers Levin, Adam Sean (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Morris, H. Bradford Jr. (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Willis, Brett Michael (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Other Lawyers Borsuk, Lynne Y. (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Hogue, Laura D. (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Scarborough, Stephen R. (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Shah, Parag Y. (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Velez, Melanie (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000
Weber, Gerald R. (Georgia)
CJ-GA-0006-0001 | CJ-GA-0006-9000

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