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Article • October 3, 2014
California: Federal Judge Temporarily Enjoins One Provision of Simi Valley's Halloween Ordinance by California: Federal Judge Temporarily Enjoins One Provision of Simi Valley's Halloween Ordinance   In October 2012, a federal judge issued a temporary restraining order enjoining City of Simi Valley officials from enforcing a provision of the City's …
Brief • July 23, 2014
Andrews v. Aurelio, CA, Settlement, Sex Offender Status, 2014 t I , t' • I r • I! ! I JUL/ 23/2014/WEO 12:25 ATTORNEY GENERAL I I I FAX No. 415 703 5734 I P. 002 ,.. Page 1 of 4 CO'ND~'.fIONAL SETTLEMENT AGREE'MENT AND RELEASE I. PARTJ:ES This Conditional …
Oklahoma Law Review Article on Sexually Violent Predator Committment, 2014 Dangerous Diagnoses, Risky Assumptions, and the Failed Experiment of “Sexually Violent Predator” Commitment Deirdre M. Smith † 246 Deering Avenue Portland, Maine 04102 (207) 780-4376 deirdre.smith@maine.edu http://mainelaw.maine.edu/faculty/profiles/smith.html Draft: Please do not quote from or cite to this article without the …
Article • May 20, 2014 • from PLN May, 2014
No “Reasonable Efforts” to Reunite Oregon Sex Offender with His Son by Mark Wilson No “Reasonable Efforts” to Reunite Oregon Sex Offender with His Son   by Mark Wilson   The Oregon Court of Appeals held on July 3, 2013 that a juvenile court improperly assessed whether the Department of …
Article • May 19, 2014 • from PLN May, 2014
North Dakota Courtroom Shackling Requires Independent Assessment by Judge by Mark Wilson North Dakota Courtroom Shackling Requires Independent Assessment by Judge   by Mark Wilson   The North Dakota Supreme Court has held that a lower court abused its discretion by failing to independently assess the need for shackling a …
Federal Court Must Give Reasons for Special Conditions of Supervised Release by David Reutter The Sixth Circuit Court of Appeals has reversed a district court’s imposition of four special conditions of supervised release, due to the court’s failure to explain its reasons for imposing them. Rashan R. Doyle was convicted …
Article • March 15, 2014 • from PLN March, 2014
Online Gaming Accounts of New York Registered Sex Offenders Restricted or Closed by According to New York Attorney General Eric T. Scheiderman, around 5,600 online gaming accounts belonging to sex offenders registered with the State of New York have been restricted or canceled. Gaming companies Microsoft, Sony, Blizzard, Electronic Arts, …
Brief • February 26, 2014
Weinstein v. Maine, Corizon, ME, Settlement, Wrongful Death - Beating, 2014 RELEASE AND INDEMNITY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: For payment of the sum of one hundred thousand. dollars ($100,000.00), and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, acting both in …
California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release by The California Court of Appeal has reversed the denial of a petition for conditional release filed by a sexually violent predator (SVP) who had received a psychological evaluation indicating that conditional release would be in his …
West Virginia Sex Offender Does Not Have Right to Attend Specified Church by The West Virginia Supreme Court held on February 22, 2013 that a convicted sex offender does not have an automatic right to attend religious services of his choice. The Court’s ruling was not based on the right …
Article • January 15, 2014 • from PLN January, 2014
Seventh Circuit: Lifetime Supervision in Pornography Case Set Aside by Derek Gilna The Seventh Circuit Court of Appeals has overturned a “supervision for life” provision imposed by the U.S. District Court for the Western District of Wisconsin when defendant Nicolai D. Quinn was sentenced to 97 months imprisonment for possession …
Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release by Derek Gilna In a case of first impression, the Ninth Circuit Court of Appeals held that the period of time spent in civil confinement under the Adam Walsh Act does not constitute “imprisonment,” and that a defendant’s period …
Colorado DOC Investigates Multiple Murders of Prisoners at Sterling by Matthew Clarke by Matt Clarke The Colorado Department of Corrections (DOC) is investigating the killing of four prisoners at the Sterling Correctional Facility within the past two years. This high rate of prisoner murders compares with only three killings of …
No Justice: Sex Offenses, No Matter How Minor or Understandable, Can Ruin You for Life by Charlotte Silver Why do we treat the most predatory and dangerous criminals the same as those who are not? by Charlotte Silver The collection of laws and restrictions that regulate people categorized as "sex …
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 …
Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan by The Michigan Supreme Court has held that mandatory lifetime electronic monitoring is a direct consequence of a plea to first-degree criminal sexual conduct or second-degree criminal sexual conduct. As such, when a defendant enters a guilty …
Article • May 15, 2013 • from PLN May, 2013
Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term by The Iowa Supreme Court held on May 4, 2012 that earned-time credit for good behavior accelerates the completion of a ten-year special sentence but does not reduce a release revocation term. The Court further …
Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal by Derek Gilna A decision by the U.S. District Court for the Southern District of New York severely restricted portions of New York’s Sex Offender Management and Treatment Act (SOMTA). A lawsuit filed by Mental Hygiene Legal …
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 • 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 …
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