Court ruling against retroactive extension of registration period for 19 individuals who were convicted before the enactment of SORNA – but resentenced to longer / lifetime registration under SORNA after subsequent probation violations. Opinion Related PA: State Supreme Court remanding cases after Muniz All PA articles
Read MoreTag: Ex Post Facto
IN: Sex offender’s rights not violated by registration extension
An Allen County sex offender’s constitutional rights were not violated when the period of time he was required to register as a sex offender was extended under a law amended after he was convicted of the sex crime, the Indiana Court of Appeals ruled Wednesday. Full Article
Read MoreNJ: Court Stops Retroactive Application of Lifetime Registration Law
An appellate court in New Jersey has ruled that the state government cannot retroactively apply a new law that requires life-time registration to registrants who had the possibility of relief from that registration at the time they pled guity. According to the Court, the restroactive application of the new law would be “manifestly unfair” to registrants. “Although the New Jersey court based its decision on the intent of the state legislature and not on the ex post facto clause of the U.S. Constitution, it reached the right decision when it…
Read MoreIA: Supreme Court – registration for juvenile sex offenders is punishment
The boy’s lawyers argued that the fact that registration as a sex offender was mandatory constitutes cruel and unusual punishment. The court’s majority opinion written by Chief Justice Mark Cady found that registration for juvenile sex offenders is punishment, but is not cruel and unusual. Article – towards the bottom Decision
Read MoreCO: Judge tells man arrested in Aspen that sex offender registry is not punishment
A California man did not suffer cruel and unusual punishment or lack of due process after Aspen police charged him a year ago with failing to register as a sex offender. Full Article
Read MoreWI: Lifetime GPS monitoring not punishment
A Wisconsin judge wasn’t required to tell a man he would face a lifetime of GPS monitoring upon pleading guilty to child sex crimes because such monitoring is a public safety measure, not a form of punishment, the state Supreme Court ruled Friday. Full Article
Read MoreMO: ‘Extremely complex’ sex offender residency restrictions are challenging to enforce
In an effort to keep Missouri children safe, lawmakers have enacted half a dozen laws over the past decade that restrict the rights of convicted sex offenders living among us. Full Article
Read MorePA: Despite legislative fix, challenges to Megan’s Law continue
nnsylvania lawmakers insist they have fixed problems with Megan’s Law that threatened to allow thousands of sex offenders to avoid having to register with the state. Not so fast, say defense attorneys.Full Article
Read MoreIN: Justices to decide if sex offender dad can go to son’s school activities
The Indiana Supreme Court must decide if a Howard County father can attend his son’s school activities despite his serious sex offender status after hearing arguments Thursday on an ex post facto claim. After being convicted of child solicitation in 2010, _____ ____ was sentenced to 18 months of probation and was ordered to register as a sex offender for 10 years. However, the Howard Superior Court granted ____ special permission to continue attending his son’s school activities on school property, despite his sex offender status. But when the Unlawful…
Read MoreNJ: Tracking Sex Offender With GPS Bracelet Violates Constitution (Supreme Court)
Approximately two-thirds of all ex-prisoners are arrested within three years of their release. With a statistic like that, the risk of sexual predators reoffending is particularly concerning. However, strapping criminals who have served their time with a GPS is not a solution, according to the New Jersey Supreme Court. Full Article
Read MoreMI: Supreme Court Hearing Sex Offender Registry Case
[UPDATED LINKS 3/30/18] The Michigan Supreme Court is hearing arguments in the case of a man who was placed on the sex offender registry for touching a girl’s breasts, even though his case was dismissed in 1997 after successful probation and community service. Full Article RELATED LINKS: Change.org petition: Allow “Romeo-Juliet” convictions to apply to expunge their records in Michigan [3/30/18]
Read MoreMI: SCOTUS denies review in Snyder v. Doe
UPDATE: Statement from the Michigan ACLU The U.S. Supreme Court announced today that it will not hear the State of Michigan’s appeal in a challenge to the state¹ sex offender registration law, which was dealt a major blow by a federal appeals court in a unanimous decision last year. Today’s announcement effectively requires the Michigan legislature to replace the existing law, thus creating an opportunity to reform Michigan’s registry, which has been widely criticized as bloated and ineffective. The lawsuit was originally brought by the ACLU of Michigan and the…
Read MoreWill SCOTUS Let Fear of Sex Offenders Trump Justice?
Two cases give the Court a chance to reconsider its counterintuitive conclusions about commitment and registration. According to the U.S. Supreme Court, locking up sex offenders after they have completed their sentences is not punishment, and neither is branding them as dangerous outcasts for the rest of their lives. Two cases the Court could soon agree to hear give it an opportunity to reconsider, or at least qualify, those counterintuitive conclusions. Full Article Also see Snyder vs Doe Karsjens v Piper
Read MoreIN: Judge orders 3 off sex offender registry
Three men who moved to Indiana and were required to put their names on the state’s sex offender registry are likely to win their lawsuit that claims they wouldn’t face that requirement had they lived in Indiana all their lives, a judge ruled, ordering their names removed. Full Article
Read MoreSCOTUS asks US Solicitor General to weigh in on Ex Post Facto case
News from the U.S. Supreme Court – the court has NOT decided whether it will review Doe v. Snyder, last summer’s ground-breaking decision by the 6th Circuit Court of Appeals The U.S. Supreme Court has been asked to review an important ruling (Doe v. Snyder) which was handed down last summer by a federal appeals court, the U.S. 6th Circuit Court of Appeals. The request was discussed in a private conference last Friday and today we learned the result – the Supreme Court has made NO decision on the request…
Read MoreMI: SCOTUS to consider Snyder v. Doe for review
Today, in a private session, the U.S. Supreme Court will be discussing an important case concerning the sex offense registry. News may come as soon as Monday, March 27th. The State of Michigan has asked the court to review a ground-breaking ruling by a lower federal court, the U.S. Sixth Circuit Court of Appeals. The Supreme Court is set to discuss the request for review today; review is granted in very few cases. If they turn down the request – the 6th Circuit ruling remains intact and directly impacts the…
Read MoreMI: Sex Offender Registration After Does v. Snyder
The Sixth Circuit’s recent decision in Does v. Snyder, __ F.3d __, 2016 WL 4473231 (6th Cir. 2016), has significant implications for the representation of current registrants who are charged with violating Michigan’s Sex Offender Registration Act (SORA), current registrants seeking removal from the sex offender registry or exemptions from certain SORA provisions, defendants currently charged with sex offenses, and defendants in “recapture” cases. While every case is obviously unique, this memo seeks to provide some general guidance to Michigan’s criminal defense bar in the wake of the Does decision.…
Read MoreID: 104 sex offenders sue Idaho over its registry laws
A lawsuit challenging Idaho’s laws governing registration and community notification of sex offenders seeks a permanent injunction to stop the state and counties from enforcing portions of the law. The lawsuit, filed Thursday in Boise federal court on behalf of 104 unnamed sexual offenders, identified as Does 1-104, argues that Idaho’s sex offender registry laws violate the U.S. and Idaho constitutions. Full Article Lawsuit
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