The following was sent to us via the "Tell Us Your Story" form and posted with the users permission.
In the State of Missouri those that predate January 1 1995 are not required to register under State law due to the States Constitutions 13th amendment. But they claim that there is a federal obligation to register with the State. So the State will charge and convict those that predate the law under state law due to federal obligation.
In 2010 I was charged with a State law of failure to register. By this time I had done my research and had only to put a few things together. I was ready. By 2012 my case was dismissed without a word. I can’t even find a clue as to why. But I do know why. I had forced my public defender to ask a couple of questions I wanted answers to.
My questions were simple. If I am not required to register under State law due to the State Constitution then why am I being charged under a State law? If I am required to register with the State under a Federal obligation thus a Federal law then why am I not charged with USC 2250 failure to register under Federal law?
I also gave my public defender research that I was working on. I will give you an idea as what this research consisted of so you can look things up.
According to the US Supreme Court when one case results in two upheld verdicts (both standing) that may conflict with one another the State is required to ensure that no one is charged within such a conflict. If the State fails to do so and the defendant is forced to correct the matter then the State must pay without argument.
This was the first bit of research that I gave out. So my questions were backed up by case law and were starting to cause trouble. So all I had to do was show that there was indeed conflict between the two verdicts to cause the court to try and figure out how to get around this whole issue. I knew there was only one way. That is if I didn’t bring it up formally in the court. At the time I had reason not to.
Back in the 1800s the Missouri Constitution had an amendment that required people to swear an oath that they had nothing to do with fighting against the Union Army. This amendment found its way into the US Supreme Court and the court was trying to figure out how to remove it from Missouri’s Constitution. When the court looked to Congress as a possible they found that the US Constitution had something to say on the subject. The result is that Congress can not pass a law nor be seen to have passed a law that violates a States Constitution.
That got me looking for more on the subject and I found plenty. I gave this to my public defender and the court was silent from there on. I had shown that there was indeed a conflict. So for almost a year it was just going in to get a new date to go back to court to get a new date.
I continued to give out other findings of my research each time I saw my public defender. I gave him little things that showed that I could indeed win a case against the State. There is no way I could post all my research on this matter here. But at least you got a basic idea where to start looking.