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Article • September 20, 2014 • from PLN September, 2014
Indiana Supreme Court Holds Agreed Court Order with Prosecutor is Binding on DOC by Matthew Clarke Indiana Supreme Court Holds Agreed Court Order with Prosecutor is Binding on DOC by Matt Clarke The Supreme Court of Indiana has held that a court order regarding whether a sex offender could be …
Article • January 15, 2014 • from PLN January, 2014
Filed under: Sentencing, Ex Post Facto
Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999 by The Oregon Court of Appeals has held that for crimes committed between February 17, 1999 and October 23, 1999 (aka “the McLain window”), the only permissible sentence for a murder conviction was 300 months in prison followed by …
Brief • December 23, 2013
Doe v. New Hampshire, Criminal Justice Reform Amicus Brief, Ex Post Facto Sex Offender Registry, 2013 THE STATE OF NEW HAMPSHIRE SUPREME COURT DOCKET 2013- John Doe v. State of New Hampshire Appeal from Merrimack County Superior Court __________________________________________________________________ Brief of Amicus Curiae Citizens for Criminal Justice Reform in Support …
Ninth Circuit Upholds BOP Boot Camp Termination by The Ninth Circuit Court of Appeals held that the federal Bureau of Prisons (BOP) did not violate the Administrative Procedures Act (APA) or a prisoner’s constitutional rights when it terminated its boot camp program. Congress passed a law in 1990, authorizing BOP …
Article • July 15, 2013 • from PLN July, 2013
Louisiana Supreme Court Rejects Ex Post Facto Challenge in Sex Offender Supervision Case by Derek Gilna The Louisiana Supreme Court has reversed the judgment of a state appellate court and reinstated the "lifelong supervision" of Rudy Trosclair, who had contested that condition on ex post facto grounds. At the time …
Brief • June 28, 2013
Doe v. New Hampshire, SJ Order, Ex Post Facto Sex Offender Registry, 2013 MERRIMACK, SS SUPERIOR COURT John Doe v. State of New Hampshire NO.ll-CV- 6 5 2 ORDER The Petitioner, John Doe, seeks an Order from the Court declaring the Registration of Criminal Offenders Act (the "Act"), RSA 651-B, …
Article • March 15, 2013
New Jersey Supreme Court Turns Back Constitutional Challenge to the State's Sexually Violent Predator Act by Derek Gilna In an opinion decided November 9, 2010, the New Jersey Supreme Court rejected constitutional challenges to their New Jersey Sexually Violent Predator Act, NJSA. In the case, the court ruled against the …
Article • September 15, 2012 • from PLN September, 2012
Onerous Change in Michigan Commutation Procedures Fails to State Ex Post Facto Claim by The Sixth Circuit Court of Appeals has held that a change in procedures for commutation of sentence does not constitute an ex post facto violation. The appellate court ruled in a case involving Michigan prisoner Keith …
6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" by Derek Gilna 6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" By Derek Gilna David Wayne Felts' conviction for failure to register under the Sex Offender Registration Notification Act (SORNA) was upheld by the Sixth Circuit Court of Appeals, which …
Pennsylvania Parole Board May Not Condition Parole of Sex Offender on Admission of Guilt Due to Ex Post Facto Violation by The Third Circuit Court of Appeals has held that in denying parole to convicted sex offender Louis Mickens-Thomas for his refusal to participate in a sex offender program that …
Minnesota: 1999 Law Requiring Sex Offenders To Undergo Mental Health Treatment Cannot Be Applied Retroactively by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals held that a 1999 statutory amendment mandating all sex offenders to undergo mental health treatment was an ex post facto law as applied …
Tennessee GPS Monitoring of Sex Offenders Upheld by The Sixth Circuit Court of Appeals has held that Tennessee’s Sex Offender Registration and Monitoring acts do not violate the ex post facto prohibition of the U.S. Constitution. In doing so, the appellate court determined that tracking via a global positioning system …
Article • August 15, 2011 • from PLN August, 2011
Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law by Michael Brodheim by Mike Brodheim The Ninth Circuit Court of Appeals has held that a district court abused its discretion in granting preliminary injunctive relief to a group of California life-term prisoners who challenged, …
Ohio Legislature Cannot Increase Sex Offender Registration Requirements Imposed By Court by Michael Brodheim By Michael Brodheim A divided Ohio Court of Appeals has held that changes to the state's Sex Offender Registration and Notification (SORN) Act, increasing its registration and notification requirements, violate the constitutional separation of powers doctrine …
New York Sex Offenders’ Settlement Agreement Superseded By New Registration Law by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals dealt a blow to New York state sex offenders when it ruled that in spite of an earlier suit and settlement agreement constraining sex offender …
Treatment Required For Prisoners Committing Sex Offenses In Prison by Bob Williams By Bob Williams The Colorado Court of Appeals rejected a plea by a state prisoner to avoid Colorado's Sex Offender Treatment Program (SOTP) which the Colorado Department of Corrections (CDOC) requires based on sexually based disciplinary infractions. Timothy …
Maine Supreme Judicial Court Reinstates Challenge to Maine SORNA by Matthew Clarke By Matt Clarke The Maine Supreme Judicial Court has reversed the dismissal of a challenge to the Maine Sex Offender Registration and Notification Act (SORNA), 34-A M.R.S. §§ 11201-11256. John Doe is the pseudonym of a person convicted …
Article • July 15, 2011
Florida Supreme Court Rules on Cost Assessment by David Reutter By David M. Reutter In settling direct conflicts between two district courts of appeals decisions, the Florida Supreme Court has held that applying a statute retroactively to assess costs is not an ex post facto violation. The Court accepted review …
Article • July 15, 2011 • from PLN July, 2011
Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive by Matthew Clarke by Matt Clarke On April 1, 2009, the Fifth Circuit Court of Appeals issued an order holding that a federal habeas corpus petition challenging procedures used to deny parole at a parole hearing which occurred after …
New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody by In a 5-2 decision on February 23, 2010, New York’s Court of Appeals, the state’s highest court, ruled that the double jeopardy clause of the U.S. Constitution prohibits the resentencing of a defendant to …
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