Case: Santos v. State of Georgia

07-01281 | Georgia state trial court

Filed Date: 2007

Closed Date: Oct. 27, 2008

Clearinghouse coding complete

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 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.

Summary Authors

Denise Heberle (12/30/2009)

People


Judge(s)

Thompson, Hugh P. (Georgia)

Attorneys(s) for Plaintiff

Darragh, Lee (Georgia)

Geraghty, Sarah E. (Georgia)

Sykes, Vanessa Elizabeth (Georgia)

Attorneys(s) for Defendant

Levin, Adam Sean (Georgia)

Morris, H. Bradford Jr. (Georgia)

Willis, Brett Michael (Georgia)

Other Attorney(s)

Active

Active

Active

Judge(s)

Thompson, Hugh P. (Georgia)

Attorneys(s) for Plaintiff

Darragh, Lee (Georgia)

Geraghty, Sarah E. (Georgia)

Sykes, Vanessa Elizabeth (Georgia)

Attorneys(s) for Defendant

Levin, Adam Sean (Georgia)

Morris, H. Bradford Jr. (Georgia)

Willis, Brett Michael (Georgia)

Other Attorney(s)

Borsuk, Lynne Y. (Georgia)

Hogue, Laura D. (Georgia)

Scarborough, Stephen R. (Georgia)

Shah, Parag Y. (Georgia)

Velez, Melanie (Georgia)

Weber, Gerald R. (Georgia)

Documents in the Clearinghouse

Document

08-1296

Docket

Santos v. The State

Georgia state supreme court

April 23, 2008

April 23, 2008

Docket

08-1296

Opinion

Santos v. State

Georgia state supreme court

668 S.E.2d 676

Oct. 27, 2008

Oct. 27, 2008

Order/Opinion

Resources

Docket

Last updated Aug. 1, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Georgia

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: 2007

Closing Date: Oct. 27, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Convicted sexual offender who is homeless and without a residence address and can not comply with the State's registration requirements.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Georgia, State

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Issues

General:

Sex offender regulation