Issue: Whether the Court of Appeals of Maryland departed from
the Supreme Court’s decisions in Smith v. Doe and Apprendi v.
New Jersey in holding, contrary to the decisions of
numerous federal courts of appeals and state supreme
courts, that sex offender registration constitutes
“punishment” within the meaning of the Sixth and
14th Amendments to the United States
Constitution, and that, as a result, any fact necessary
for placement on the sex offender registry, such as the
victim’s age, must be determined beyond a reasonable
doubt during the criminal proceeding, even if that fact
is not an element of the criminal offense that is the
basis for registration.
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