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Article • May 15, 2007 • from PLN May, 2007
Registration Requirements Expanded to Non-Sex Crimes and Unconvicted Offenses by Matthew Clarke by Matthew T. Clarke Ohio and Illinois have recently expanded the scope of persons required to register with the state as sex offenders to include persons who have never been charged with or convicted of a sex crime. …
Article • May 15, 2007
Sex Offender Registration Modified by The Michigan Department of State Police filed a motion to stay the judgment of the United States District Court, E.D. Michigan, Southern Division pending appeal to the Sixth Circuit Court of Appeals. The Dept. of State Police had been enjoined from enforcing the Sexual Offender …
Article • May 15, 2007
8th Circuit Upholds Minnesota Law Requiring Registration For Non-Sexual Offenses by The U.S. Eighth Circuit Court of Appeals upheld a Minnesota law requiring certain individuals convicted of non-sexual offenses to register as sexual predators. Brian Gunderson was charged with first degree criminal sexual conduct stemming from an alleged rape. The …
$1,882.80 For Falsely Labeling Prisoner As "Sex Offender" by $1,882.80 For Falsely Labeling Prisoner As "Sex Offender" On October 27, 1997, Gene Palmer pleaded guilty to the third degree assault of Timothy Barker. The incident arose when Mr. Barker entered Mr. Palmer's house without permission and a fight ensued. Mr. …
Article • May 15, 2007
Washington Prisoner Prevails In Alleged Failure To Register As Sex Offender by Washington State prisoner Gilbert Stratton was convicted by a Cowlitz County trial court of failure to register as a sex offender. Stratton had defaulted on the purchase of a residence but received permission from the real estate agency …
Washington Sex Offender Release & Supervision Statute Explained by John Bader, a Washington state prisoner, was serving a 102-month sentence for child rape. The offense was committed in late 1997 or early 1998. In August of 2002, he filed a motion in superior court for release to community custody based …
Florida Sexual Predators Act Upheld by Everett Milks, a Florida sex offender, challenged Florida's Sexual Predators Act (Act) in Florida's Second District Court of Appeals (2nd Dist.). He claimed the Act's requirement that he register as a sex offender without a hearing to decide if he was dangerous violated his …
NY Sex Offender's Risk Level Three Classification Affirmed by John Laraby, a New York state parolee, was denied a risk level reduction by a New York state trial court at a rehearing in accordance with a ruling in another case. Laraby believed that, based on his exemplary parole record, his …
AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Sati by AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Satisfies Due Process Tony Luca, an Arizona prisoner, was denied transfer to a correctional release center after prison guards changed …
NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That by NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That Category Alan Barnett, a New York state prisoner, was classified as a risk level II sex offender …
NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed by NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed Tercero Stafford, a New York prisoner, is serving a prison sentence for burglary. He had prior convictions for sex offenses in New York …
Two Registered Sex Offenders Murdered in Maine by Matthew Clarke by Matthew T. Clarke A violent criminal predator used Maine's sex offender registry web site to identify two sex offenders so he could murder them. Stephen A. Marshall, 20, of Cape Breton, Nova Scotia, Canada, used his laptop to methodically …
Article • January 15, 2007 • from PLN January, 2007
Florida DOC’s Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional by David Reutter Florida DOC's Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional by David M. Reutter In October, 2005, a Florida Circuit Court has held that a Florida Department of Corrections (FDOC) policy that requires a sex …
How to Exit Californias Sexual Predator Prison: Refuse Treatment by John Dannenberg How to Exit California's Sexual Predator Prison: Refuse Treatment by John E. Dannenberg California, with 538 sexually violent predators (SVP) civilly committed at its Department of Mental Healths Atascadero State Hospital (ASH), has an efficacious five-step psychological treatment …
Federal Judge Suspends Some Georgia Sex Offender Residency Restrictions by Matthew Clarke by Matthew T. Clarke On June 29, 2006, e federal judge in Georgia granted class-action status and a temporary restraining order (TRO) suspending enforcement of some provisions of Georgias sex offender residency law (SORL), Ga.Code.Ann. § 42-15. The …
Article • November 15, 2006 • from PLN November, 2006
Oregon Predatory Sex Offender Designation Order Reversed; Notice and Hearing Required in All Cases by Oregon Predatory Sex Offender Designation Order Reversed; Notice and Hearing Required in All Cases The Oregon Supreme Court held that every offender facing a predatory sex offender designation under Oregon's community notification law is entitled …
Article • April 15, 2006 • from PLN April, 2006
2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence by The Second Circuit Court of Appeals reversed a district courts sua sponte dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), of a New York parolees action, for failure to state a claim. Alonzo Jacobs, a parolee …
Registered Sex Offenders Murdered By Vigilante in Washington by by Matthew T. Clarke On August 27, 2005, two registered sex offenders were murdered in Bellingham, Washington, by a vigilante posing as an FBI agent. The killer got the victims' names, address and photographs from the Whatcom County Sheriff's Sex Offender …
Florida Awards Contracts Putting Sex Offenders on GPS Supervision; Other States to Follow by The Florida Department of Corrections (FDOC) has awarded three contracts for Global Positioning System (GPS) satellite monitoring of sex offenders. The contracts come on the heels on legislation that allocated $3.9 million over a three-year period …
Florida Violates Sex Offenders for Possessing Common Men's Magazines by Florida Violates Sex Offenders for Possessing Common Men's Magazines The State of Florida, in a crackdown on sex offenders, is sending probationers to jail for probation violations because they possessed racy magazines or sex manuals. The crackdown comes from increased …
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