RM316: People v. Malbry: Registry Relief Gets Tougher in California

RM316: People v. Malbry: Registry Relief Gets Tougher in California

In this episode, we’re diving into a pivotal legal update from the Second Appellate District in California. The recent case of People v. Malbry has sparked significant debate regarding sex offender registry petitions. We’ll explore how this decision, which upholds the denial of a petition from a convicted offender, may influence the petitioning process moving forward—particularly when it comes to assessing community safety risks and interpreting “no contest” pleas.

[3:17] In this segment, the hosts discuss the late Justice Antonin Scalia’s approach to constitutional interpretation, particularly his philosophy of textualism. Scalia argues that the meaning of legal texts should remain consistent with what the words meant when they were written, rather than evolving with contemporary interpretations. The hosts explore the challenges of applying this philosophy to modern terms, like “browser,” which have shifted in meaning over time. They also debate the pros and cons of textualism, noting that while it can be useful in some cases, it can also be disadvantageous depending on the context.

[8:15] Chris seeks clarification on the Adam Walsh Act’s impact on sponsoring a noncitizen spouse for U.S. citizenship.

[11:21] We discuss a letter from a listener recently released from prison. The listener seeks advice on how to get involved in advocacy while under supervision and expresses concerns about attending meetings with convicted felons. Larry provides cautious advice on how to volunteer without risking violations, emphasizing the importance of balancing involvement with legal restrictions during supervision. The conversation also touches on the difficulties of moving public opinion and the legal system’s resistance to change.

[39:53] We discuss a voicemail from a listener seeking clarification about leaving the state while on the registry. The listener received conflicting advice from local law enforcement regarding re-registering when visiting another state. The hosts analyze the legal requirements and suggest ways to handle such situations politely, advising compliance without hostility and encouraging professional legal advice when necessary.

[52:09] People v. Malbry

[57:30] We discuss a 9th Circuit Court ruling that bans Arizona agencies from posting mugshots online to protect unconvicted individuals from harm, noting possible legislative reversal and mentioning California’s similar law, AB 1475.

https://www.registrymatters.co/podcast/rm316-people-v-malbry-registry-relief-gets-tougher-in-california/
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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

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