Moore v. Avoyelles Corr. Ctr., 253 F.3d 870 (5th Cir. 2001). · Go Syfert
Moore v. Avoyelles Corr. Ctr., 253 F.3d 870 (5th Cir. 2001). Cases Citing This Book View Copy Cite
58 citation events (58 in the last 25 years) across 16 distinct courts.
Strongest positive: Doe v. Fowle (mesuperct, 2006-11-16)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Doe v. Fowle
Me. Super. Ct · 2006 · quote attribution · 1 verbatim quote · confidence high
the most significant question under the effects stage of the 'intent- effects' analysis is whether the law, while perhaps having certain punitive aspects, serves important nonpunitive goals.
discussed Cited as authority (rule) Pete v. Louisiana State (2×)
E.D. La. · 2025 · confidence medium
Ctr., 253 F.3d 870, 872 (5th Cir. 2001) (finding community notification provision did not inflict punishment); Abbott, 945 F.3d at 314 (5th Cir. 2019)).
cited Cited as authority (rule) C P v. 1
W.D. La. · 2025 · confidence medium
Moore v. Avoyelles Correctional Ctr., 253 F.3d 870, 872 (5th Cir. 2001).
discussed Cited as authority (rule) Greenwald v. Cantrell
E.D. La. · 2023 · confidence medium
Ctr., 253 F.3d 870, 872 (5th Cir. 2001); Abbott, 945 F.3d at 314 (5th Cir. 2019). 7 prescribed at the time the act was committed.27 The Fifth Circuit therefore considered whether Louisiana’s SORNA imposes “punishment” violating the Ex Post Facto Clause.28 In doing so, it applied the intents–effects test to hold that Louisiana’s law is non-punitive.29 The court held that the text of the statute “clearly indicates that the legislature intended the notification provisions to prevent future attacks by recidivist sex offenders.”30 It held that the plaintiff had failed to marshal the �…
discussed Cited as authority (rule) State v. Petersen-Beard (2×)
Kan. · 2016 · confidence medium
Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872 (5th Cir. 2001).
examined Cited as authority (rule) Duarte v. City of Lewisville (3×) also: Cited "see"
E.D. Tex. · 2015 · confidence medium
A statute’s intent is discerned by looking first at the-words of the statute, and “[i]f its words are clear and unambiguous, ‘then our interpretative journey comes to an end, and we apply that plain meaning to the facts, before us.’ ” Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872 (2001) (citing United States v. Barlow, 41 F.3d 935, 942 (5th Cir.1994)).
discussed Cited as authority (rule) Daniel Johnson v. Rissie Owens (2×)
5th Cir. · 2015 · confidence medium
Moore v. Avoyelles Correctional Ctr., 253 F.3d 870, 872 (5th Cir.2001). 43 .
discussed Cited as authority (rule) Cary, David Frederick
Tex. App. · 2015 · confidence medium
Ctr., 253 F.3d 870, 872 (5th Cir. 2001) (Legislative intent determined by looking at the plain language of the statute and if the intent is apparent on the face of the statute no further inquiry is needed.).
discussed Cited as authority (rule) Allaire v. State of Maine
Me. Super. Ct · 2010 · confidence medium
Ctr., 253 F.3d 870, 873 (5th Cir. 2001) (stating that '''the most significant question under the effects stage of the 'intent-effects' analysis is whether the law 'while perhaps having certain punitive aspects, serves important nonpunitive goals. '''); Russell v. Gregoire, 124 F.3d 1079, 1091 (9th Cir. 1997), cert. denied, 523 U.S. 1007 (1998)); see also Smith, 538 U.S. at 102 ("The Act's rational connection to a nonpunitive purpose is a 'most significant' factor in our determination that the statute's effects are not punitive.").
cited Cited as authority (rule) In Re Commitment of Miller
Tex. App. · 2008 · confidence medium
Ctr., 253 F.3d 870, 872 (5th Cir. 2001)).
cited Cited as authority (rule) in Re Commitment of Wesley Miller
Tex. App. · 2008 · confidence medium
Ctr ., 253 F.3d 870, 872 (5th Cir. 2001)).
cited Cited as authority (rule) Moncrief Oil International Inc. v. OAO Gazprom
5th Cir. · 2007 · confidence medium
Power Co., 253 F.3d at 870 (5th Cir.2001).
cited Cited as authority (rule) In Re Commitment of Fisher
Tex. · 2005 · confidence medium
Ctr., 253 F.3d 870, 872 (5th Cir.2001).
discussed Cited as authority (rule) Sanders v. Smith
5th Cir. · 2004 · confidence medium
See McKune v. Lile, 536 U.S. 24, 35-37 , 122 S.Ct. 2017 , 153 L.Ed.2d 47 (2002); Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872-73 (5th Cir. 2001). 1 To the extent that he argues that his grant of parole was revoked and he remains incarcerated due to his refusal to participate in the SOTP, the claim should have been brought in habeas.
cited Cited as authority (rule) Creekmore v. Attorney General of Texas
E.D. Tex. · 2004 · confidence medium
Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872 (5th Cir. *660 2001).
discussed Cited as authority (rule) David Rem v. U.S. Bureau Prisons
8th Cir. · 2003 · confidence medium
Ctr., 253 F.3d 870, 872-73 (5th Cir. 2001) (La.); Burr, 234 F.3d at 1054-55 (N.D.); Femedeer v. Haun, 227 F.3d 1244, 1248-53 (10th Cir. 2000) (Ut.); Cutshall, 193 F.3d at 477 (Tenn.); Doe v. Pataki, 120 F.3d 1263, 1284 ( 2d Cir. 1997) (N.Y.); Roe v. Office of Adult Prob., 125 F.3d 47 , 55 (2d Cir. 1997) (Conn.); Russell, 124 F.3d at 1093 (Wa.).
discussed Cited as authority (rule) David Rem v. United States Bureau of Prisons
8th Cir. · 2003 · confidence medium
Ctr., 253 F.3d 870, 872-73 (5th Cir.2001) (La.); Burr, 234 F.3d at 1054-55 (N.D.); Femedeer v. Haun, 227 F.3d 1244, 1248-53 (10th Cir.2000) (Ut.); Cutshall, 193 F.3d at 477 (Tenn.); Doe v. Pataki, 120 F.3d 1263, 1284 (2d Cir.1997) (N.Y.); Roe v. Office of Adult Prob., 125 F.3d 47 , 55 (2d Cir.1997) (Conn.); Russell, 124 F.3d at 1093 (Wa.).
discussed Cited as authority (rule) Rodriguez v. State
Tex. Crim. App. · 2002 · confidence medium
Significantly, despite the outcome the court reached, it noted that the question of the statute’s punitive-in-fact aspect was “not free from doubt.” Id. at 1265 ), cert. denied, 522 U.S. 1122 , 118 S.Ct. 1066 , 140 L.Ed.2d 126 (1998); Verniero, 119 F.3d at 1082-86 (discussed below); Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872-73 (5th Cir.2001) (upholding disclosure provisions of Louisiana sex-offender statute, which provides for neighborhood notification, and not unlimited public disclosure), cert. denied sub nom.
discussed Cited as authority (rule) State v. Haskell (2×)
Me. · 2001 · confidence medium
Ctr., 253 F.3d 870, 873 (5th Cir.2001) (stating that “ ‘[t]he most significant question under [the effects] stage of *10 the [‘intent-effects’] analysis’ is whether the law Virile perhaps having certain punitive aspects, serve[s] important nonpuni-tive goals.’ ”). [¶ 10] Thus, our first task is to discern whether the intent of the Legislature in enacting the sex-offender notification program was to create a civil or criminal penalty.
cited Cited "see" Kirschenhunter v. Sheriff's Office, Beauregard Parish
5th Cir. · 2006 · signal: see · confidence high
See Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872 (5th Cir.2001); State ex rel Olivieri v. State, 779 So.2d 735, 749-50 (La.2001).
cited Cited "see" Rieck v. Cockrell
5th Cir. · 2003 · signal: see · confidence high
See Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872-73 (5th Cir. 2001).
cited Cited "see" Rieck v. Cockrell
5th Cir. · 2003 · signal: see · confidence high
See Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872-73 (5th Cir.2001).
discussed Cited "see, e.g." State v. Redmond (2×)
Kan. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872 (5th Cir. 2001).
discussed Cited "see, e.g." State v. Buser (2×)
Kan. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872 (5th Cir. 2001).
discussed Cited "see, e.g." Doe v. Thompson (2×)
Kan. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872 (5th Cir. 2001).
discussed Cited "see, e.g." Herron v. Cockrell
5th Cir. · 2003 · signal: see also · confidence medium
See Smith v. Doe, 538 U.S. 84 , 123 S.Ct. 1140, 1154 , 155 L.Ed.2d 164 (2003); Connecticut Department of Public Safety v. Doe, 538 U.S. 1 , 123 S.Ct. 1160, 1164-65 , 155 L.Ed.2d 98 (2003) (notification provisions of sex offender registration law do not violate procedural due process); see also Moore v. Avoyelles Correctional Center, 253 F.3d 870, 872 (5th Cir.2001) (Louisiana sex offender notification law does not violate the Constitution’s proscription of ex post facto laws.).
discussed Cited "see, e.g." Meadows v. Board of Parole & Post-Prison Supervision
Or. Ct. App. · 2002 · signal: see, e.g. · confidence low
See, e.g., Moore v. Avoyelles Correctional Center, 253 F3d 870 (5th Cir), cert den _US_(2001) (Louisiana sex offender registration and neighborhood notification statute did not violate federal ex post facto provision); Femedeer v. Haun, 227 F3d 1244 (10th Cir 2000) (Utah sex offender registration and notification statute permitting unrestricted disclosure of information via the Internet did not violate ex post facto provision); Doe v. Pataki, 120 F3d 1263 (2nd Cir 1997), cert den 522 US 1122 (1998) (New York sex offender registration and notification law was not analogous to traditional stigma…
Retrieving the full opinion text from the archive…
Michael D. MOORE, Petitioner-Appellant,
v.
AVOYELLES CORRECTIONAL CENTER, Warden, Respondent-Appellee
99-30101.
Court of Appeals for the Fifth Circuit.
Jun 25, 2001.
253 F.3d 870
2001 U.S. App. LEXIS 14172
2001 WL 636813
Christopher Albert Aberle (argued), Mandeville, LA, for Petitioner-Appellant., Frederick Wayne Frey (argued), Lake Charles, LA, for Respondent-Appellee.
Duhé, Parker, Lindsay.
Cited by 36 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: Fifth Circuit (1)
DUHÉ, Circuit Judge:

In this case, Appellant, a sex offender, contends that Louisiana violated the Constitution’s proscription of ex post facto laws by subjecting him to a sex offender neighborhood notification law enacted after his conviction and sentencing for indecent behavior with a juvenile. For the following reasons, we affirm.

BACKGROUND

In 1994, Appellant Michael D. Moore pleaded guilty in Louisiana state court to indecent behavior with a juvenile. The court sentenced him to five years’ imprisonment, then suspended his sentence and placed him on probation. A condition of Moore’s probation was that he register with law enforcers in the parish of his residence per the Louisiana sex offender registration statute, La. R.S. 15:542.

In 1995, the Louisiana Legislature amended the sex offender registration statute. As amended, the statute requires a sex offender placed on probation to notify his neighbors of his residence and his sex offender status. In 1996, a Louisiana court revoked Moore’s probation and made executory his sentence because Moore failed to comply with the amended statute’s neighborhood notification requirement. Moore successfully appealed the revocation to the Louisiana Third Circuit Court of Appeals. Louisiana then appealed to the Louisiana Supreme Court. The Louisiana Supreme Court reinstated the revocation of Moore’s probation.

Moore subsequently filed a petition for writ of habeas corpus, arguing that, as applied to him, Louisiana’s neighborhood notification requirement was a constitutionally prohibited ex post facto law. Citing cases from the Second, Third, and Ninth Circuits holding that sex offender neighborhood notification requirements do not constitute “punishment” violating the constitutional proscription of ex post facto laws, the magistrate judge recommended dismissal of Moore’s habeas petition. The district court adopted the magistrate[*872] judge’s recommendation and dismissed Moore’s habeas petition. Moore appeals.

DISCUSSION

Louisiana’s sex offender neighborhood notification law does not violate the Constitution’s proscription of ex post facto laws. Article I, § 10 of the Constitution prohibits the states from enacting any law “which imposes a punishment for an act which was not punishable at the time it was committed; or imposes additional punishment to that then prescribed.” Weaver v. Graham, 450 U.S. 24, 28, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981) (citations omitted). Courts apply an “intent-effects” test to determine whether a law imposes “punishment” violating the Ex Post Facto Clause. The “intent-effects” test has courts ask whether 1) the legislature intended the sanction to be punitive, and 2) the sanction is “so punitive” in effect as to prevent courts from legitimately viewing it as regulatory or civil in nature. United States v. Ursery, 518 U.S. 267, 288, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996).

The Louisiana sex offender neighborhood notification law passes this test. Three Circuits have held that sex offender neighborhood notification laws like Louisiana’s do not, according to the “intent-effects” test, impose “punishment” violating the Ex Post Facto Clause. See Russell v. Gregoire, 124 F.3d 1079 (9th Cir.1997); Roe v. Office of Adult Probation, 125 F.3d 47 (2d Cir.1997); Doe v. Pataki, 120 F.3d 1263 (2d Cir.1997); E.B. v. Verniero, 119 F.3d 1077 (3rd Cir.1997). No Circuit has held that a sex offender neighborhood notification law like Louisiana’s does impose “punishment” violating the Ex Post Facto Clause. Moore argues that Louisiana’s law differs fundamentally from those reviéwed by the Second, Third, and Ninth Circuits. We do not think that it does.

The intent of Louisiana’s law is not punitive. We discern a statute’s intent by looking first at the words of the statute. If its words are clear and unambiguous, “then our interpretative journey comes to an end, "and we apply that plain meaning to the facts before us.” United States v. Barlow, 41 F.3d 935, 942 (5th Cir.1994). The text of the Louisiana law clearly and unambiguously limns the law’s intent. The text — which mimics almost verbatim the language of the Washington law the Ninth Circuit affirmed against a similar constitutional challenge in Russell — clearly indicates that the legislature intended the notification provisions to prevent future attacks by recidivist sex offenders. See La. R.S. 15:540 (declaring that the statute aims to “protect the public from sex offenders, sexually violent predators, and child predators”); Russell, 124 F.3d at 1090 (holding that Washington’s sex offender neighborhood notification law, which “is tailored to help the community protect itself from sexual predators under the guidance of law enforcement, not to punish sex offenders,” serves a remedial purpose). That the Louisiana law may deter as well as remedy does not mean its intent is punitive. See Russell, 124 F.3d at 1090 (“... the law may have a deterrent purpose as well as a remedial one. Neither of these purposes would result in an ex post facto violation, however. There is no indication that the legislature intended to punish already-convicted offenders (rather than merely deterring them or preventing future crimes)”).

Nor does the statute’s structure point up a punitive intent. Appellant contends that because the Louisiana law does not condition neighborhood notification on carefully calibrated, individualized determinations of dangerousness, we should look past the legislature’s stated nonpunitive intent and scrutinize critically its “objective intent.” Appellant argues that the objective intent of the Louisiana law is punitive, and that his subjection to the law, therefore, vio[*873] lates the Ex Post Facto Clause. We disagree. “A perfect fit between ends and means” need not exist for the legislature’s objective intent to be other than punitive: “If a reasonable legislator motivated solely by the declared remedial goals could have believed the means chosen were justified by those goals, then an objective observer would have no basis for perceiving a punitive purpose in the adoption of those means.” Verniero, 119 F.3d at 1098. A reasonable legislator could believe that the means employed by the Louisiana statute would help prevent future attacks by recidivist sex offenders.

Moore has not marshaled the “clearest proof’ that the Louisiana law is “so punitive in form and effect as to render [it] criminal despite [the legislature’s] intent to the contrary.” Ursery, 518 U.S. at 290, 116 S.Ct. 2135. “The most significant question under this stage of the [‘intent-effects’] analysis” is whether the law “while perhaps having certain punitive aspects, serve[s] important nonpunitive goals.” Russell, 124 F.3d at 1091 (quoting Ursery, 518 U.S. at 290, 116 S.Ct. 2135). A law serving nonpunitive goals “is not punishment, even though it may bear harshly on one affected.” Flemming v. Nestor, 363 U.S. 603, 614, 80 S.Ct. 1367, 4 L.Ed.2d 1435 (1960). [2] The Louisiana law serves the same important nonpunitive goals that the Washington law upheld by the Ninth Circuit does: “alerting the community to the presence of sexual predators ... and giving guidance to the community to allow it to avert new and tragic sexual offenses.” Russell, 124 F.3d at 1091. It, accordingly, is not unconstitutionally punitive. [3]

CONCLUSION

Because the Louisiana sex offender neighborhood notification law is not unconstitutionally punitive either in intent or effect, we affirm.

AFFIRMED.

2

. See also Doe, 120 F.3d at 1279 ("The parties have stipulated to a number of anecdotes concerning the effects that notification has had upon registered offenders in New York and in three other states with similar notification laws — New Jersey, Washington, and California.... The stipulation describes numerous instances in which sex offenders have suffered harm in the aftermath of notification — ranging from public shunning, picketing, press vigils, ostracism, loss of employment, and eviction, to threats of violence, physical attacks and arson. Relying in part on these episodes, the District Court ... concluded that 'the consequences of [community notification] are unlimited' and that the stigma created by the Act 'pervades into every aspect of an offender's life.'... Although we do not doubt that the Act has had unfortunate consequences for many subject to its operation, we do not agree that these detrimental consequences suffice to transform the regulatory measure of community notification into punishment”); Russell, 124 F.3d at 1092 ("Moreover, ... whether a sanction constitutes punishment is not determined from the defendant’s perspective, as even remedial sanctions carry ... the sting of punishment”) (citations omitted).

3

. We reach this holding mindful of State v. Bishop, 686 So.2d 1053 (La.Ct.App.1996). Bishop held that the registration provisions of La. R.S. 15:542 violated the Ex Post Facto Clause. Because Bishop's two-sentence treatment of the ex post facto issue is conclu-sory, it does not persuade us. See id. at 1055 (“Concerning the merits of defendant's appeal, we note the trial court erred in requiring defendant to register as a sex offender under the provisions of LSA-R.S. 15:542 that were not in effect at the time the offense was committed. This violates the constitutional prohibition on ex post facto application of laws”).