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Kelly Patrick Donaldson v. City of El Reno
Date: 02-04-2025
Case Number: 2025 OK 9
Judge: Jack D. McCurdy, II
Court: District Court, Canadian County, Oklahoma
Plaintiff's Attorney:
Click Here For The Best El Reno Lawyer Directory
Defendant's Attorney: El Reno, Oklahoma City Attorney's Office
Description:
El Reno, Oklahoma civil rights lawyers represented the Plaintiff in challenging the constitutionality of a statute.
When Plaintiff/Appellee Kelly Patrick Donaldson was convicted of second degree rape and became subject to the Sex Offenders Registration Act (SORA) in 2005, SORA did not prohibit sex offenders from residing near parks. The Oklahoma Legislature subsequently amended 57 O.S., § 590 to prohibit sex offenders from residing within 2,000 feet of a city park. Defendant/Appellant City of El Reno appeals from the trial court's entry of a declaratory judgment that applying the current residency restrictions in 57 O.S.Supp.2019, § 590(A) to Donaldson violates the ex post facto clause of the federal and state constitutions and that the version of SORA in effect on the date of his conviction applies. We hold that the residency restrictions do not amount to punishment; therefore, applying the current residency restrictions to Donaldson does not violate the ex post facto clause.
When Plaintiff/Appellee Kelly Patrick Donaldson was convicted of second degree rape and became subject to the Sex Offenders Registration Act (SORA) in 2005, SORA did not prohibit sex offenders from residing near parks. The Oklahoma Legislature subsequently amended 57 O.S., § 590 to prohibit sex offenders from residing within 2,000 feet of a city park. Defendant/Appellant City of El Reno appeals from the trial court's entry of a declaratory judgment that applying the current residency restrictions in 57 O.S.Supp.2019, § 590(A) to Donaldson violates the ex post facto clause of the federal and state constitutions and that the version of SORA in effect on the date of his conviction applies. We hold that the residency restrictions do not amount to punishment; therefore, applying the current residency restrictions to Donaldson does not violate the ex post facto clause.
Outcome:
Reversed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Kelly Patrick Donaldson v. City of El Reno?
The outcome was: Reversed
Which court heard Kelly Patrick Donaldson v. City of El Reno?
This case was heard in District Court, Canadian County, Oklahoma, OK. The presiding judge was Jack D. McCurdy, II.
Who were the attorneys in Kelly Patrick Donaldson v. City of El Reno?
Plaintiff's attorney: Click Here For The Best El Reno Lawyer Directory. Defendant's attorney: El Reno, Oklahoma City Attorney's Office.
When was Kelly Patrick Donaldson v. City of El Reno decided?
This case was decided on February 4, 2025.