Haislop v. Edgell

593 S.E.2d 839, 215 W. Va. 88
CourtWest Virginia Supreme Court
DecidedDecember 10, 2003
Docket31261
StatusPublished
Cited by20 cases

This text of 593 S.E.2d 839 (Haislop v. Edgell) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haislop v. Edgell, 593 S.E.2d 839, 215 W. Va. 88 (W. Va. 2003).

Opinions

McGRAW, Justice.

Appellants challenge the state’s active, public disclosure of personal information and the lifetime registration requirements applied to them under the West Virginia Sex Offender Registration Act, W. Va.Code § 15-12-1 et seq. They seek reversal of the lower court’s order denying their request for in-junctive relief. For the reasons stated, we affirm the order of the lower court.

I.

FACTS

Our analysis in this ease is guided by the words of the U.S. Supreme Court in a recent decision. “Sex offenders are a serious threat in this Nation. The victims of sex assault are most often juveniles, and when convicted sex offenders reenter society, they are much more likely than any other type of offender to be re-arrested for a new rape or sex assault.” Connecticut Department of Public Safety v. Doe, 538 U.S. 1, 4, 123 S.Ct. 1160, 1163, 155 L.Ed.2d 98, 103 (2003) (Citations and internal quotations omitted).

Each appellant has been convicted of a “sexual offense,” a term we shall discuss at greater length, infra. As a result of this conviction, the West Virginia Sex Offender Registration Act, W. Va.Code § 15-12-1 et seq. (the “Act”), requires that each register as a “sex offender” and provide certain information to the police, which the police in turn must make available to the public. Because of the particular details of each appellant’s sexual crimes, the statute currently requires each of them to continue to register as a sex offender for the rest of his life.

Appellant Haislop was convicted in 1995 for two counts of third degree sexual abuse and three counts of third degree sexual assault. Appellant Reed was convicted in 1996 one count each of first degree sexual abuse and sexual abuse by a parent or custodian. Appellant Johnson was convicted in 1995 for first degree sexual abuse. The record indicates that each appellant had at least one minor victim. Appellants argue that each was convicted prior to the time that the Legislature amended the statute to require life registration of certain offenders or active disclosure by the state of their status as sex offenders through public meetings and internet publication.

The appellants all sought an injunction from the Circuit Court of Wood County to prohibit the lifetime public disclosure of the their names and personal information. They also argued that the court should allow them a hearing to demonstrate that they have rehabilitated themselves, and should then limit any public disclosure of information to that reasonably necessary in light of each individual’s risk of re-offending. On January 2, 2002, the circuit court denied their request for injunctive relief and this appealed followed. For the reasons set forth below, we affirm the decision of the lower court.

II.

STANDARD OF REVIEW

It is clear that trial courts have great discretion when deciding to grant or deny an injunction:

[91]*91“ ‘Unless an absolute right to injunctive relief is conferred by statute, the power to grant or refuse or to modify, continue, or dissolve a temporary [preliminary]1 or a permanent injunction, whether preventive or mandatory in character, ordinarily rests in the sound discretion of the trial court, according to the facts and the circumstances of the particular case; and its action in the exercise of its discretion will not be disturbed on appeal in the absence of a clear showing of an abuse of such discretion.’ Syl. pt. 11, Stuart v. Lake Washington Realty, 141 W.Va. 627, 92 S.E.2d 891 (1956).” Syl. Pt. 1, G Corp, Inc. v. MackJo, Inc., 195 W.Va. 752, 466 S.E.2d 820 (1995).

Syl. pt. 1, Baisden v. West Virginia Secondary Schools Activities Commission, 211 W.Va. 725, 568 S.E.2d 32 (2002). Or stated another way:

The granting or refusal of an injunction, whether mandatory or preventive, calls for the exercise of sound judicial discretion in view of all the circumstances of the particular case; regard being had to the nature of the controversy, the object for which the injunction is being sought, and the comparative hardship or convenience to the respective parties involved in the award or denial of the writ.

Syl. pt. 4, State ex rel, Donley v. Baker, 112 W.Va. 263, 164 S.E. 154 (1932). Accord, Jefferson Cty. Bd. of Educ. v. Jefferson County Educ. Ass’n, 183 W.Va. 15, 393 S.E.2d 653 (1990); State ex rel, East End Assoc. v. McCoy, 198 W.Va. 458, 481 S.E.2d 764 (1996).

III.

DISCUSSION

The appellants make two basic arguments. First they argue that, because the Legislature amended the Act to require life registration and active disclosure of their status (by means of public meetings and internet publication) after the appellants committed their crimes, application of these new requirements to the appellants violates the ex post facto clause of the West Virginia Constitution. They also argue that these changes to the statute violate due process principles of the West Virginia Constitution. We shall discuss each argument in turn, but first we discuss the provisions in the Act that form the basis of this appeal.

A. The Act

The Legislature first created the Sexual Offender Act in 1993. The current version of the Act reveals the purpose envisioned by the Legislature:

(a) It is the intent of this article to assist law-enforcement agencies’ efforts to protect the public from sex offenders by requiring sex offenders to register with the state police detachment in the county where he or she shall reside and by making certain information about sex offenders available to the public as provided in this article. It is not the intent of the Legislature that the information be used to inflict retribution or additional punishment on any person convicted of any offense requiring registration under this article. This article is intended to be regulatory in nature and not penal.
(b) The Legislature finds and declares that there is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses in order to allow members of the public to adequately protect themselves and their children from these persons.
(c) The Legislature also finds and declares that persons required to register as sex offenders pursuant to this article have a reduced expectation of privacy because of the state’s interest in public safety.

W. Va.Code § 15-12-la (2000).2 As we noted in a recent case concerning the Act, it has [92]*92evolved over the last several years, in conjunction-with federal legislation:

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Haislop v. Edgell
593 S.E.2d 839 (West Virginia Supreme Court, 2003)

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Bluebook (online)
593 S.E.2d 839, 215 W. Va. 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haislop-v-edgell-wva-2003.