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Indiana Lifelong Violent Offender Registration Preliminary Injunction Upheld in Part by On December 29, 2008, an Indiana Court of Appeals upheld a superior court’s preliminary injunction against lifelong registration for violent offenders. A July 1, 2007 Indiana statute added people who had been convicted of certain violent crimes to the …
Due Process Required Before Imposition of Sex Offender Parole Conditions by On June 20, 2008, a Texas federal court held that a parolee’s right to receive due process before onerous sex offender conditions were imposed was clearly established in the Fifth Circuit. Ray Curtis Graham, a Texas state parolee, was …
Article • May 15, 2009
Michigan Sex Offender Registration Act Does not Apply to Bestiality Conviction by After pleading no contest to committing an "abominable and detestable crime against nature" with a sheep, Jeffrey Haynes was sentenced as a habitual criminal in a Michigan court to 2½ to 20 years behind bars. The trial court …
Eighth Circuit Upholds SORNA Against Constitutional Challenges by On July 31, 2008, the U.S. Court of Appeals for the Eighth Circuit rejected numerous constitutional challenges to the federal Sex Offender Registration and Notification Act (SORNA). David Louis May was convicted of failing to register as a sex offender in violation …
Utah Sex Offender Internet Registry Statute Violates First Amendment by Mark Wilson On September 25, 2008, a federal court in Utah enjoined the enforcement of an amended statute requiring the state’s 7,000 registered sex offenders to report all of their Internet identifiers, including user names, passwords and website addresses. In …
Article • January 15, 2009
Michigan's "Setting Aside Convictions Act" Doesn't Exempt Sex Offender Registration Requirement by Anonymous Michigan ex prisoners (Does) appealed a Sex Offender Registration Act (SORA) requirement after their convictions were set aside under the state's Setting Aside Convictions Act (SACA). The requirement was affirmed. The SACA allows for setting aside a …
Article • January 15, 2009
100 Year Probation And Sex Offender Registration Stay Reversed As Erroneous by The State of Wisconsin appealed a court's reduction of the terms of sentencing imposed on Samuel Roloff after he pled to three felony and three misdemeanor charges of sexual activity with underage girls. His reduction to a 100 …
New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law by New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law The Second Circuit U.S. Court of Appeals dealt a blow to sex offenders in New York state when it ruled that despite an earlier suit and settlement …
Courts Find Ohio Adam Walsh Act Unconstitutional by Cuyahoga County Judge Ronald Suster held on May 9, 2008 that Ohio’s Adam Walsh Act violates the retroactivity clause of the Ohio Constitution and is an ex post facto law. Ohio has maintained a sex offender registry since 1963. The first substantial …
Article • October 15, 2008 • from PLN October, 2008
Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act by Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act On December 5, 2007, the U.S. District Court for the Western District of Missouri granted a motion for judgment of acquittal in a …
Article • October 15, 2008 • from PLN October, 2008
Texas Adds Sex Offender Employment and School Information to Registry by Texas Adds Sex Offender Employment and School Information to Registry The Texas Department of Public Safety has announced it is adding information about where sex offenders work and go to school to its online sex offender registry. The registry …
Article • August 15, 2008
Federal Sex Offender Must Register in New York by In 2004, Todd North, a federal prisoner, pleaded guilty to possession of child pornography in federal district court after being caught with images of children between ages 7 and 17 engaged in sex acts. He was sentenced to 24 days of …
Article • August 15, 2008
Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke by Matthew T. Clarke On July 13, 2006, the Eighth Circuit Court of Appeals affirmed the dismissal of a civil rights challenge to provisions of the Arkansas Sex Offender Registration Act, Ark. Code Ann. § 12-12-901 et seq., and …
California Sex Offender Registration not Constructive Custody for Habeas Purposes by David Stier, a physician and California state sex offender registrant, pled guilty to taking indecent liberties with a child in North Carolina in 2000. After Stier moved to California he completed a two-year probationary period ordered by the North …
Human Rights Watch Report: Most Sex Offender Laws Misguided and Ineffective by Matthew Clarke by Matt Clarke In September 2007, Human Rights Watch released a report entitled No Easy Answers: Sex Offender Laws in the US. The report concluded that most sex offender laws are ineffective and misguided in that …
Article • August 15, 2008
New York Prisoner’s Prior Convictions for Sex Offenses Sufficient for Level 3 Classification by In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of Sex Offenders, based on Mabb’s prior attempted rape conviction, convinced a trial court to assess …
Article • August 15, 2008
New York Sex Offender's Request for Reduced Dangerousness Level Denied by Duane Charache, a New York state prisoner, was assessed to be a level three sex offender by the Board of Examiners of Sex Offenders (Board) in anticipation of his release from prison for sexually abusing a child. Even so, …
Sex Offenders Set Up Camp in Miami Florida: The Julia Tuttle Causeway Becomes a Colony. Politicians Pass the Buck. by Isaiah Thompson Another one showed up last night. Around 10 — just before curfew — a car rolled in under the bridge and the newcomer got out with his wife. …
My Space Becomes “No Space” for Online Sex Offenders by David Reutter My Space Becomes "No Space" for Online Sex Offenders by David M. Reutter After online social networking giant MySpace.com, under pressure, disclosed on July 24, 2007 that it had purged 29,000 sex offender profiles from its website, state …
Lawsuits test crackdown on sex criminals by john gramlich Friday, April 18, 2008 Stateline Article By John Gramlich, Stateline.org Staff Writer A death-penalty case argued before the U.S. Supreme Court this week marks the latest constitutional challenge to an ongoing, nationwide crackdown on sex criminals. From California to North Carolina, …
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