CA4: Plaintiff using pseudonym "Hester Prynne" survives 12(b)(6) motion in her Ex Post Facto challenge to being put on Va sex offender registry based on conviction about sexual act before registry existed. (2-1, unpublished, per Gallagher by designation)
ca4.uscourts.gov/opinions/19195…
ca4.uscourts.gov/opinions/19195…
Whether you agree with the panel or the dissent, seems frustrating that this is only an unpublished opinion. With a divided panel, and a prior unpub op going the other way, I would think an answer would be helpful one way or the other.
Oh, and on an entirely parochial front, cool to see an op by my law school classmate Stephanie Agli. :)
Oh, and I wonder if the reason this was unpublished is that it divided the two regular circuit judges, with the third vote coming from a DJ by designation and the winning side being opposite the other unpublished opinion.
Might also just reflect the CA4's traditional reluctance to actually publish opinions; my recollection from a while back is that they have (or at least had) very low rates of publication.
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