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California Court of Appeal


Doe v. California Dept. of Justice, D053176

Trial court order denying plaintiffs petition for an order prohibiting defendant from posting their information on the Megan's Law Web site is affirmed where: 1) the court properly denied plaintiffs' argument that defendant was equitably estopped from rescinding their exclusions from disclosure of personal information on the Megan's Law Web site as plaintiffs provided no evidence they detrimentally relied on the exclusions; 2) plaintiffs' constitutional arguments fail as the measure rescinding their exclusions does not take away fundamental vested rights without due process of law, does not constitute a forbidden ex post facto law, does not violate their liberty interests in privacy and does not violates their equal protection rights; and 3) the posting of plaintiff's information on the Web site does not violate the penal code section under which his conviction was previously dismissed.

Appellate Information

  • Decided 05/07/2009
  • Published 05/07/2009

Judges

  • McCONNELL, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Michael D. McGlinn and Ryan M. McGlinn, for Plaintiffs and Appellants.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Scott C. Taylor and Marissa Bejarano, Deputy Attorneys General, for Defendant and Respondent.
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