A helpful reader sent word that the Nebraska Supreme Court ruled in favor of a sex offender finding that a lower court improperly determined the duration of the defendant's sex offender register. You may read the opinion in State v. Ways, 279 Neb. 1 (2009) here. From the Journal-Star:
John Ways Jr. was convicted of pandering in 1996 and served two years in prison. He has clashed with authorities since, having been sentenced in 2004 to six years in federal prison in an explosives and firearms case and engaging in a long-running feud with Lincoln officials over a now-defunct strip club he owned. A dancer there was convicted in 2003 of performing sex acts with a dog.
Last December, Lancaster County District Judge Robert Otte sentenced Ways to 56 days in jail for contempt of court related to his 1996 pandering conviction. Prosecutors brought that charge after Ways failed to register with the state as a sex offender, as a different judge had ordered in 2002. That order came after prosecutors discovered Ways did not register as a sex offender when he was released from prison in 1998.
In its ruling Friday, the Nebraska Supreme Court said the lower court didn't have the authority to determine the duration of Ways' registration. State regulations typically govern which offenders must register as sex offenders and for how long.