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The state responds that ASORA is a regulatory law intended to help protect the public by collecting information and making it publicly accessible.
In 1994 Doe (using the pseudonym Rowe) sued state officials in the United States District Court for the District of Alaska challenging ASORA on the grounds it violates the federal prohibition against ex post facto laws, the Fourth Amendment prohibition against unreasonable searches and seizures, his plea bargain contract, and his right to privacy. We therefore hold that ASORA's registration requirement does not apply to persons who committed their crimes before ASORA became effective, and reverse the superior court order granting final judgment in favor of the state and against Doe. FACTS AND PROCEEDINGS“John Doe” was charged in 1985 with three counts of first-degree sexual abuse of a minor for molesting one of his daughters. We conclude that it does because ASORA imposes burdens that have the effect of adding punishment beyond what could be imposed when the crime was committed. In August 2005 the superior court denied Doe's motion. 204 (1898), had upheld against ex post facto challenge a statute that made admissible in a criminal case evidence that was not admissible under the rules of evidence as enforced by judicial decisions when the offense was committed.42. State, 486 P.2d 981, 986 (Alaska 1971) (right of confrontation); Whitton v. 1499, 1521 (2005) (“[S]tatements [adopting federal constitutional doctrine] ․ should neither bind lawyers in their arguments nor the court itself in future cases. It determined that Doe had established the potential for irreparable harm, but had not established a likelihood of success on the merits. State, 479 P.2d 302, 309 (Alaska 1970) (double jeopardy); Baker v. It is beyond the state judicial power to incorporate the Federal Constitution and its future interpretations into the state constitution.” (Emphasis in original.)).46.