Wrongly Convicted Database Record

 

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Lester Ray Nichols

 

Charge:

Failure to report change of address as a sex offender

Sentence:

Years Imprisoned:

Year Crime:

2012

Year Convicted:

Year Cleared:

2016

U.S. State or Country of Crime:

Kansas - Federal Case

County or Region of Crime:

Douglas

City of Crime:

Lawrence

Result:

Judicially Exonerated

Summary of Case:

"Lester Ray Nichols was wrongly convicted in federal court of failing to notify the state of Kanas, as a convicted sex offender, that he had left the state when he moved to the Philippines in November 2012. Nichols was prosecuted for violating the Sex Offender Registration and Notification Act, or SORNA. At the request of the U.S. government Nichols was arrested in the Philippines, and he was extradicted to Kansas. After his conviction Nichols appealed. On April 4, 2016 the U.S. Supreme Court unanimously reversed Nichols conviction in ruling that he was not legally required to notify Kansas that he had left the state. Nor was he required to notify the Philippine government that he was a sex offender because it had no jurisdiction in the U.S. criminal matter. The Court stated that under SORNA sex offenders "shall register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student." Kansas was no longer residing in Kansas and he wasn't required to register in the foreign jurisdiction of the Philippines. The Supreme Court noted that the federal statute refers to each of a sex offenders requirements in the present tense, and therefore cannot be construed to mean that offenders must notify a jurisdiction after they have left. Consequently, Nichols had committed no crime."

Conviction Caused By:

Incorrect application of the SORNA law to Nichols because he had left Kansas and no longer resided there.

Innocence Proved By:

"On April 4, 2016 the U.S. Supreme Court unanimously reversed Nichols conviction in ruling that he was not legally required to notify Kansas that he had left the state. Nor was he required to notify the Philippine government that he was a sex offender because it had no jurisdiction in the U.S. criminal matter. The Court stated that under SORNA sex offenders "shall register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student." Kansas was no longer residing in Kansas and he wasn't required to register in the foreign jurisdiction of the Philippines. The Supreme Court noted that the federal statute refers to each of a sex offenders requirements in the present tense, and therefore cannot be construed to mean that offenders must notify a jurisdiction after they have left. Consequently, Nichols had committed no crime."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Nichols v. United States, No. 15-5238 (US Sup Ct, 4-4-2016) (Reversing conviction based on Nichols was not required under the law to report a change of address.)"

Information Location 1:

http://www.supremecourt.gov/opinions/15pdf/15-5238_khlo.pdf

Information Source 2:

"U.S. Supreme Court overturns Kansas sex offender’s conviction for failing to register, By Peter Hancock, Lawrence Journal-World, April 4, 2016"

Information Location 2:

http://www2.ljworld.com/news/2016/apr/04/us-supreme-court-overturns-kansas-sex-offenders-co/

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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