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Article • August 15, 2013
Third Circuit Vacates Lifetime Computer/Internet Ban by The Third Circuit Court of Appeals vacated sex offender special conditions of supervised release because they were not narrowly tailored or consistent with the factors of 18 USC § 3553(a). Pennsylvania resident Daniel Voelker engaged in an online “chat” with Wyndell Williams. During …
Brief • August 5, 2013
Wilson v. Winges-Yanez, OR, Ptfs Resp. to MTD, Sex Offender Parole Conditions, 2013 Case 3:13-cv-00740-KI Document 28 Filed 08/05/13 Page 1 of 13 Page ID#: 170 Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oak Street Suite 400 Portland, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attorney for Plaintiff UNITED …
Brief • August 5, 2013
Wilson v. Winges-Yanez, OR, Reply to Resp. to Mtn. for PI, 2013 Case 3:13-cv-00740-KI Document 29 Filed 08/05/13 Page 1 of 8 Page ID#: 183 Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oak Street Suite 400 Portland, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attorney for Plaintiff UNITED STATES …
Brief • June 14, 2013
Wilson v. Winges Yanez, OR, Mtn. for Prelim. Injunct., Sex Offender Parole Conditions, 2013 Case 3:13-cv-00740-KI Document 15 Filed 06/14/13 Page 1 of 14 Page ID#: 54 Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oak Street Suite 400 Portland, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attorney for Plaintiff …
Article • May 15, 2013
Sex Offender Housing Restrictions Imposed by Jessica's Law Temporarily Stayed in Los Angeles County by On November 1, 2010, Superior Court Judge Peter Espinoza temporarily stayed enforcement of the housing restrictions faced by registered sex offenders on active parole in Los Angeles County, finding that there is a strong likelihood …
Article • May 15, 2013
Sex Offender Conditions Permitted on Washington Non-Sex Offenses by The Washington State Court of Appeals held that sex offender conditions may be imposed even when not on supervision for a sex offense. In 2002, George Golden was convicted of a sex offense, served his time and was released. Then in …
Brief • May 2, 2013
Wilson v. Winges-Yanez, OR, Complaint, Sex Offender Parole Conditions, 2013 Case 3:13-cv-00740-KI Document 1 Filed 05/02/13 Page 1 of 11 Page ID#: 1 I Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oa1( Street Suite 400 Portlaud, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attomey for Plaintiff UNITED STATES DISTRICT …
California: Thousands of Sex Offenders Remove GPS Monitors by Taking advantage of the lack of available bed space to house parole violators in California jails following the state’s “realignment” initiative, thousands of paroled sex offenders fitted with GPS ankle bracelets have disabled or removed them – with few consequences. Under …
Article • April 15, 2013 • from PLN April, 2013
California: Condition of Parole Restricting Parolee from Residing Near Victim’s Next of Kin Held Invalid by The California Court of Appeals has held that Penal Code section 3003(f), which limits a parolee convicted of certain offenses from living within 35 miles of the victim or witness to the crime – …
Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity by Brandon Sample A special condition of supervised release prohibiting the possession of "any material, legal or illegal, that contains nudity or that depicts or alludes to sexual activity or depicts sexually arousing material" sweeps too broadly …
Article • March 15, 2013
New Hampshire Supreme Court Affirms Order of Superior Court Denying His Motion to Amend the Conditions of His Suspended Sentence by Derek Gilna In an opinion issued on September 17, 2010, the State Supreme Court in New Hampshire upheld the Superior Court's denial of defendant Jonathan A. Perfetto's motion to …
Article • March 15, 2013
Gang Colors Restriction Held Unconstitutional by Brandon Sample The U.S. Court of Appeals for the Second Circuit has vacated a special condition of supervised release barring the "wearing of colors, insignia, or obtaining tattoos or burn marks (including branding and scars) relative to" criminal street gangs. The court held that …
Article • March 15, 2013 • from PLN March, 2013
Eighth Circuit Upholds Child Porn Supervised Release Condition by On May 7, 2012, the Eighth Circuit Court of Appeals upheld a supervised release condition imposed on a federal prisoner convicted of a non-sex offense that prohibited possession of child pornography or photographic depictions of child nudity. A Nebraska federal court …
Life On the List by A single mistake when he was 12 landed Josh Gravens on Texas’ sex offender list. He’s been paying for it ever since. by Emily DePrang Published on Thursday, May 31, 2012, at 2:52 CST When Josh Gravens was 12 years old, he made a terrible …
South Carolina Sex Offender’s Lifetime Satellite Monitoring Held Unconstitutional by The South Caroline Supreme Court held on May 9, 2012 that court-ordered lifetime satellite monitoring violated a sex offender’s due process rights. Jennifer Rayanne Dykes, 26, was convicted of a sex offense for having an eight-month relationship with a 14-year-old …
Article • February 15, 2013 • from PLN February, 2013
Ohio Supreme Court Sides with Defendant in Sex Offender Registration Case by Derek Gilna On May 8, 2012, the Ohio Supreme Court ruled in favor of Wesley Lloyd, who was convicted of a sex offense in Texas and then moved to Ohio in 2005. He was arrested and convicted in …
Louisiana Sex Offender Internet Restrictions Unconstitutional by In a February 16, 2012 opinion, a Louisiana federal court held that restrictions placed on sex offenders’ Internet access were unconstitutional. John and James Doe are pseudonyms for two Louisiana registered sex offenders who filed a federal civil rights action, pursuant to 42 …
Texas Federal Court Issues Preliminary Injunction Prohibiting Sex Offender Parole Conditions; Case Settles for $52,000 by Matthew Clarke by Matt Clarke On October 7, 2011, a U.S. District Court issued a preliminary injunction prohibiting the Texas Board of Pardons and Paroles (Board) from enforcing onerous sex offender conditions that had …
Article • September 15, 2012 • from PLN September, 2012
Idaho Appellate Defender: State’s Adult Misdemeanor Probation System “Void” by A memo authored by Sara B. Thomas, chief of the Idaho State Appellate Defender’s appellate unit, has concluded that the state’s adult misdemeanor probation system is unconstitutional, calling it “null, void and unenforceable.” According to the August 15, 2011 memo, …
Texas Parole Board Removes Onerous Sex Offender Conditions from 176 Parolees by In November 2011, the Texas Board of Pardons and Paroles removed the sex offender designations from 176 parolees who were subject to stringent parole restrictions known as Condition “X,” but had never been convicted of a sex offense. …
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