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Article • May 1, 2024 • from PLN May, 2024
Virginia Supreme Court Denies New Sentence Credits to State Prisoner Serving “Mixed” Sentence by Douglas Ankney by Douglas Ankney To paraphrase Job 1:21, the Supreme Court of Virginia did not giveth but taketh away on October 12, 2023, with a ruling on prisoner sentence credits that were extended by a …
Article • March 1, 2022 • from PLN March, 2022
Third Circuit: Retroactive Application of Amended New Jersey Parole Guidelines May Violate Ex Post Facto Clause by Douglas Ankney by Douglas Ankney On September 22, 2021, the U.S. Court of Appeals for the Third Circuit reversed a district court’s dismissal of a pro se prisoner’s 42 U.S.C. § 1983 complaint, …
Article • July 1, 2020 • from PLN July, 2020
Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding by Mark Wilson by Mark Wilson On October 31, 2019, an Oregon federal court held that a claim that extended parole postponement pursuant to the retroactive application of a new law violates the ex post facto clause and …
Is Solitary Confinement a Punishment?, Northwestern University Law Review, 2020 ROUGH DRAFT IS SOLITARY CONFINEMENT A PUNISHMENT? John F. Stinneford Nulla poena sine lege—no punishment without law—is one of the oldest and most universally accepted principles of English and American law. 1 Today, thousands of American prisoners are placed in …
Publication • 2018
Wrong Turn on the Ex Post Facto Clause, Paul Reingold and Kimberly Thomas, University of Michigan Law, 2018 PUBLIC LAW AND LEGAL THEORY RESEARCH PAPER SERIES PAPER NO. 590 FEBRUARY 2018 WRONG TURN ON THE EX POST FACTO CLAUSE PAUL D. REINGOLD & KIMBERLY THOMAS CALIFORNIA LAW REVIEW, VOL. 106, …
Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
State of Kansas v. Simmons, KS, Appeal Brief, Offender Registration, 2017 IN THE SUPREME COURT OF THE STATE OF KANSAS No. 108,885 STATE OF KANSAS, Appellee, v. AMI LATRICE SIMMONS, Appellant. SYLLABUS BY THE COURT Nonsex offenders seeking to avoid retroactive application of provisions of the Kansas Offender Registration Act …
Ninth Circuit Finds Arizona's Sex Offender Registration Law Not Ex Post Facto Violation by Matthew Clarke On September 2, 2016, a three-judge panel of the Ninth Circuit U.S. Court of Appeals found that Arizona's sex offender registration law may be constitutionally applied to persons who committed their offense prior to …
Article • December 2, 2015 • from PLN December, 2015
Massachusetts Supreme Court Rules Amended Sex Offender Registration Law Ex Post Facto by Gary Hunter Massachusetts Supreme Court Rules Amended Sex Offender Registration Law Ex Post Facto by Gary Hunter On July 12, 2013, Massachusetts Governor Deval Patrick signed into law a bill requiring the state’s Sex Offender Registry Board …
Article • November 17, 2015
New York Man Previously Convicted as Sex Offender Subject to Amended Statute’s Stricter Requirements by New York Man Previously Convicted as Sex Offender Subject to Amended Statute’s Stricter Requirements The U.S. Court of Appeals for the Second Circuit has held that a state sex offender statute’s amendments applied to a …
Article • September 29, 2015
New York Court Orders the Release of a Man Illegally Imprisoned by New York Court Orders the Release of a Man Illegally Imprisoned A New York court has mandated the release of a man who was imprisoned for violating release conditions that were illegally imposed on him by the New …
Article • August 1, 2015 • from PLN August, 2015
Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample by David Reutter Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample by David M. Reutter The Nebraska Supreme Court has held that a retroactive state law which requires prisoners to submit DNA samples violates …
Article • June 12, 2015
Alaska’s Retroactive Application of ASORA Amendments Violates Ex Post Facto Clause by Alaska’s Retroactive Application of ASORA Amendments Violates Ex Post Facto Clause The Alaska Supreme Court held that its rule prohibiting precedential effect of 2-to-l decisions does not apply retroactively. Therefore, Doe v. State, 189 P3d 999 (Alaska 2008)(Doe …
Lifetime GPS Monitoring of Sex Offenders Upheld in South Carolina by Lonnie Burton Lifetime GPS Monitoring of Sex Offenders Upheld in South Carolina by Lonnie Burton South Carolina’s Supreme Court hasrejected a challenge to a state law that requires lifetime GPS monitoring of certain sex offenders who violate the terms …
Article • April 9, 2015 • from PLN April, 2015
Maryland Cannot Compel Retroactive Sex Offender Registration by Maryland Cannot Compel Retroactive Sex Offender Registration he Maryland Court of Appeals held in June 2014 that circuit courts have the power to order the removal of sex offenders from the state’s registry, thereby impacting federal databases as well; the decision followed …
Article • January 12, 2015
Alaska’s Sex Offender Registration Law is Punitive, Prohibiting Ex Post Facto Application by Alaska’s Sex Offender Registration Law is Punitive, Prohibiting Ex Post Facto Application The Alaska Supreme Court held its previous decision that held the Alaska Sex Offender Registration Act (ASORA) violates the Ex Post Facto Clause of the …
Article • January 10, 2015 • from PLN January, 2015
Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case by Shepherd Litsey Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case by Shepherd Litsey On November 19, 2013, the Supreme Court of Oklahoma affirmed in part, reversed in part and remanded for further proceedings a case involving a registered sex …
Article • December 3, 2014 • from PLN December, 2014
Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case by Shepherd Litsey Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case by Shepherd Litsey On November 19, 2013, the Supreme Court of Oklahoma affirmed in part, reversed in part and remanded for further proceedings a case involving a registered sex …
Article • October 10, 2014 • from PLN October, 2014
Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto by Matthew Clarke Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto by Matt Clarke In an opinion filed May 21, 2013, the Fifth Circuit Court of Appeals held that changes to commutation laws and rules in Louisiana, which …
SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules by SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules   The federal Sex Offender Registration and Notification Act (SORNA) is a civil and non-punitive regulatory scheme that does not violate the Ex Post Facto Clause, the …
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