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Article • November 15, 2009 • from PLN November, 2009
Indiana Sex Offender Residency Restriction Violates Ex Post Facto Clause by Indiana’s “residency restriction statute,” which prohibits sex offenders from living within 1,000 feet of a school, youth center or public park, violates the ex post facto clause of the state constitution as applied to sex offenders convicted before the …
Article • October 15, 2009 • from PLN October, 2009
Megan’s Law Preempts Local New Jersey Sex Offender Ordinances by The New Jersey Supreme Court affirmed a lower court’s order that invalidated two townships’ ordinances restricting where registered sex offenders could live. The March 24, 2009 ruling held that the statewide Megan’s Law takes precedence over local statutes that impose …
Ohio Supreme Court Rules Sex Offender Residency Restrictions Not Retroactive by Matthew Clarke by Matt Clarke The Supreme Court of Ohio held that a state statute restricting sex offenders from residing within 1,000 feet of a school (R.C. 2950.031) did not apply to sex offenders whose home purchase and offense …
Article • July 15, 2009 • from PLN July, 2009
Miami’s Sex Offender Bridge Encampment Continues to Grow by David Reutter by David M. Reutter Population: 52. That’s how many sex offenders have been forced to live under the Julia Tuttle Causeway in Miami, Florida as of March 2009. In late 2007, the population was only 19. [See: PLN, June …
Article • July 15, 2009 • from PLN July, 2009
Pennsylvania County Sex Offender Residency Ordinance Voided by by David M. Reutter On March 20, 2009, a Pennsylvania federal district court held that an Allegheny County ordinance which restricted where sex offenders could live was in conflict with state law, and thus was invalid. The plaintiffs in this case were …
Michigan Sex Offender Freezes to Death on Street As Housing Crisis Continues by Jimmy Franks Michigan Sex Offender Freezes to Death on Street As Housing Crisis Continues by Jimmy Franks On January 26, 2009, Thomas Pauli, 52, was found dead on the cold streets of Grand Rapids, Michigan. Pauli, a …
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 …
Retroactive Residency Restrictions for Missouri Sex Offenders Unconstitutional by Matthew Clarke by Matt Clarke On May 24, 2007, Cole County, Missouri Circuit Court Judge Patricia S. Joyce ruled that a Missouri statute requiring certain registered sex offenders to move if they lived within 1,000 feet of a school (§ 566.147, …
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 …
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. …
Georgia’s Sex Offender Residency Restriction Unconstitutional; Work Restriction Approved by The Georgia Supreme Court has declared that a state law that prohibits registered sex offenders from residing or loitering at a location that is within 1,000 feet of any childcare facility, church, school or area where minors congregate (the “residency …
California Sex Offenders Uprooted by New Restrictive Residency Law by California?s pernicious ?Jessica?s Law,? overwhelmingly approved by voters on November 7, 2006 as a result of Proposition 83, restricts certain paroled sex offenders from living within 2,000 feet of a school, park or other areas where children are present. As …
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, …
Most Serious Sex Offenders in Boston Living in Homeless Shelters by Efforts in Massachusetts to keep a close eye on released sex offenders have apparently failed. Rather than having such offenders in stable living environments where law enforcement officials can monitor them, 65 percent of the state?s most dangerous sex …
Article • September 15, 2007 • from PLN September, 2007
O.K. to Ban Suspicious Indiana Sex Offender from Parks by The Seventh Circuit Court of Appeals held that a registered sex offender who had been observed behaving suspiciously could be permanently banned from a city?s parks. Robert Brown, a registered sex offender who had a single conviction for child molestation, …
Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke by Matthew T. Clarke 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 to a criminal statute …
Temporary Restraining Order Suspends California’s Sex Offenders’ Housing Banishment Law by John Dannenberg Temporary Restraining Order Suspends California's Sex Offenders? Housing Banishment Law by John E. Dannenberg The U.S.D.C. (N.D. Cal.) issued a Temporary Restraining Order (TRO) on November 8, 2006, the same day California voters approved state Proposition 83 …
Increasingly Repressive Sex Offender Residency Restrictions Have Doubtful Benefits by John Dannenberg by John E. Dannenberg While politicians trample each other in their rush to enact increasingly onerous post-release residency restrictions on all manner of sex offenders, the California Legislature took pause to commission a study to measure the effectiveness …
Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunityndants Get Qualified Immunity by Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunity On December 22, 2004, four former prisoners of the Washington Department Of Corrections (WDOC) brought suit in federal …
Article • May 15, 2007
Washington Banishment Order Vacated by A division of the Washington Court of Appeals vacated a trial court's banishment order, concluding that the ban "fails strict scrutiny" because "it is not sufficiently tailored and therefore impermissibly infringes on [the] right to travel." David Schimelpfenig was convicted of murdering Marjorie Benner inside …
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