Mueller v. Raemisch

Federal 7th Circuit Court
Criminal Court
Ex Post Facto Clause
Citation
Case Number: 
No. 13-1225 et al. Cons.
Decision Date: 
January 24, 2014
Federal District: 
E.D. Wisc.
Holding: 
Affirmed and reversed in part
In action by defendants (convicted sex offenders who had completed their sentences), who challenged Wisconsin sex offender registration statute that required defendants to pay $100 annual registration fee, Dist. Ct. erred in finding that said “fee” was unconstitutional “fine” as form of retroactive punishment, and as such violated ex post facto clause of U.S. Constitution. Record failed to contain any evidence that $100 annual fee was grossly disproportionate to state’s annual cost of keeping track of sex offender registrants, so as to support Dist. Ct.’s finding that “fee” was really impermissible “fine.”