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Iowa Supreme Court Holds Prison Sex Offender Screening Process Constitutional by On October 22, 2004 the Iowa Supreme Court ruled on a prisoner's claim that a prison rule concerning sexually violent prisoners enacted after his imprisonment effectively removed him from consideration for early parole. The court held that although the …
Article • May 15, 2007
CO Prisoners Need Not Obtain Post-Conviction Relief Before Filing Malpractice Suit Against Trial Lawyers by Geoffrey Rantz was convicted in a Colorado court of sexually assaulting two boys and sentenced to sixty-years in prison. While his case was on appeal, Rantz filed a malpractice suit against his trial lawyers. The …
Parole Condition Banning Pornography Too Vague by The defendant, convicted of possessing child pornography, was forbidden as a condition of post-incarceration supervised release to possess any pornography, child or otherwise. The court rejects the government's position that the condition isn't ripe for judicial review until it is enforced, since it …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
Visiting Denial to Colorado Sex Offender Who Refuses Treatment Upheld by The plaintiff, a convicted sex offender, challenged various measures taken against him for refusing to participate in a treatment program. The plaintiff's declaratory and injunctive claims were mooted by his release from prison. His damage claims were not moot, …
Pennsylvania Sex Offender Parole Denial Suit States Some Claims by The plaintiff, seeking to represent a class, complained that denying her parole and imposing other adverse consequences in prison because of her refusal to disclose her sexual history, possibly including uncharged criminal activity, in a sex offender program violated her …
Iowa Sex Offender Residency Restrictions Are Constitutional by The Eighth Circuit Court of Appeals held that Iowa's sex offender residency restrictions are n to unconstitutional, reversing a lower court ruling that we previously reported. [PLN, December 2004, p. 28]. On July 1, 2002, the Iowa Legislature enacted Iowa Code Section …
Montana Supreme Court Reverses Dismissal of Injunctive Action by The Montana Supreme Court reversed a lower court's dismissal of a prisoner's action, finding that his claims were not barred by res judicata. Anthel Brown was sentenced to the Montana State Prison (MSP) on November 8, 1976. He was confined to …
Texas Supreme Court: Sex Offender Civil Commitment Statute Is Constitutional by By Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas (SCT) held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore …
Article • May 15, 2007 • from PLN May, 2007
California Creates High Risk Sex Offender Task Force by By Executive Order S-6-08 (May 15, 2006), California?s Governor Arnold Schwarzenegger created the High Risk Sex Offender Task Force (HRSOTF). Its job was to advise the Secretary of the California Department of Corrections and Rehabilitation (CDCR) on policy upgrades regarding (1) …
Article • May 15, 2007
Exclusion of Sex Offenders from Work Release Upheld by The court of appeals for the Eleventh circuit upheld an Alabama prison policy that excluded violent sex offenders from minimum security, work release and furlough programs. Interesting comment by the court is that few people commit more than one murder in …
Article • May 15, 2007
Colorado Upholds 100 Years-to-Life for Sex Offender Under New Lifetime Act by The Colorado Court of Appeals has affirmed two consecutive, 50 years-to-natural-life sentences for a sex offender convicted of class 3 and class 4 sex offenses under Colorado's new Sex Offender Lifetime Supervision Act (the Act). Delbert Larson was …
Dismissal for Frivolousness is Basis for Res Judicata by The U.S. Seventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 suit by a civilly-committed person filed against officials of the Wisconsin Department of Health and Family Services (WDHFS) was barred by res judicata because a prior suit …
Eighth Circuit Reverses Dismissal for Consideration Under McKune v. Lile by The U.S. Eighth Circuit Court of Appeals reversed the dismissal of a Missouri prisoner's suit, holding that qualified immunity does not shield officials from equitable relief and that the prisoner's suit raised issues that must be considered in light …
Article • May 15, 2007
Supreme Court Sets Standard for Stay of Injunctions by The United States Supreme Court held that a federal court should follow the general standards for staying a civil judgment when determining if a successful habeas corpus petitioner should be released pending appeal. The respondent, a New Jersey prisoner convicted of …
$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
State Seizes Child Of Sex Offender Father/Drug Abuser Mother by The United States District Court for the Middle District of Pennsylvania dismissed a Federal civil rights complaint filed by Melissa Wolfhawk against Schuylkill County Children and Youth Services for seizure of her newborn child. Wolfhawk claimed that the agency violated …
Expulsion from Sex Offender Treatment Program Implicates Liberty Interest by Bob Williams By Bob Williams Finding confinement and treatment inextricably linked, the United States District Court for the District of Colorado has ruled that a Colorado prisoner may have a liberty interest in participating in a Sex Offender Treatment Program …
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 …
Suitable Residence Parole Condition Rational in NY by The Appellate Division of the New York Supreme Court affirmed a decision to the New York State Division of Parole denying release to a convicted child molester. James Billups was convicted of raping his young daughter and sentenced to a term of …
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