Skip navigation

Search

46 results
Brief • January 30, 2018
Esteen v. State of Louisiana, LA, Opinion, Resentencing for Previous Drug Convictions, 2018 Supreme Court of Louisiana FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #005 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 30th day of January, 2018, are as follows: PER CURIAM: 2016-KH-0949 STATE EX …
Article • September 22, 2015
Restitution Order Upheld in Oregon Driving Case by Restitution Order Upheld in Oregon Driving Case The Oregon Court of Appeals held that a trial court properly increased a defendant’s restitution obligation five months after sentencing. Kirk Douglas Thompson was convicted of a driving offense after crashing into a stop sign …
Article • April 9, 2015 • from PLN April, 2015
Unauthorized Oregon “Offense Surcharges” Reversed by Mark Wilson Unauthorized Oregon “Offense Surcharges” Reversed by Mark Wilson On June 11, 2014, the Oregon Court of Appeals vacated $140 in “offense surcharges” imposed on crimes committed prior to the date the surcharges were authorized. An Oregon law (Ore. Laws 2009, ch 659, …
Article • January 12, 2015
Alaska’s Sex Offender Registration Law is Punitive, Prohibiting Ex Post Facto Application by Alaska’s Sex Offender Registration Law is Punitive, Prohibiting Ex Post Facto Application The Alaska Supreme Court held its previous decision that held the Alaska Sex Offender Registration Act (ASORA) violates the Ex Post Facto Clause of the …
Article • January 10, 2015 • from PLN January, 2015
Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case by Shepherd Litsey Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case by Shepherd Litsey On November 19, 2013, the Supreme Court of Oklahoma affirmed in part, reversed in part and remanded for further proceedings a case involving a registered sex …
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 …
U.S. Supreme Court Holds AG Rules Required Before SORNA Sex Offender Law is Applied Retroactively by Derek Gilna On January 23, 2012 the U.S. Supreme Court, in a 7-2 decision written by Justice Stephen Breyer, reversed the Third Circuit Court of Appeals, which had held that the federal Sex Offender …
Article • November 15, 2011 • from PLN November, 2011
California Appellate Ruling Holds Court Fee Inapplicable to Pre-2009 Convictions by The California Court of Appeal has held that a $30 to $35 court facilities fee imposed by a non-penal statute, Government Code § 70373, does not apply to cases in which the defendant pleaded guilty, or was found guilty …
Article • September 15, 2011
Washington Civil Commitment Trial Law Not Retroactive by Washington State’s Court of Appeals, Division I, has held that the Legislature’s amendment of RCW 71.09.090 did not apply retroactively, holding that amendment properly applies to prohibit new trials on commitment status for sexual predators on the sole basis of advancing age. …
Washington State’s 2005 Sexual Predator Amendment Not Retroactive by David Reutter By David Reutter Washington State’s Supreme Court has held the 2005 amendment to the state’s sexually violent predator act (SVPA) does not apply retroactively. The Court also held a trial court may not weigh evidence at a show of …
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 …
U.S. Supreme Court Asks Montana Supreme Court to Address Whether FJDA Conviction Requires Registration Under Montana Law by On June 7, 2010, the U.S. Supreme Court certified a question to the Montana Supreme Court in order to decide whether a petition for writ of certiorari currently pending before the Court …
California’s Megan’s Law Applies Retroactively by California’s Fourth District Court of Appeal has affirmed that the California version of “Megan’s Law” may be retroactively applied to persons convicted of qualifying crimes prior to the statute’s 2004 enactment and subsequent amendments. In so holding, the Court rejected the petitioners’ equitable estoppel …
Open Government Act’s Catalystic Theory for Attorneys’ Fees Doesn’t Apply Retroactively by The provisions of the Open Government Act of 2007 that restore the catalyst theory for attorneys’ fees do not apply retroactively, the D.C. Circuit decided June 26, 2009. Anthony Summers settled a Freedom of Information Act (FOIA) suit …
Article • August 15, 2010 • from PLN August, 2010
Kentucky Law Retroactively Applied to Award Street Credit by The Kentucky Supreme Court has held that a law that applies “street credit” to released prisoners effectively suspends existing statutory law that specifies time spent on parole does not count towards a prisoner’s maximum sentence. The Court accepted transfer of appeals …
SORNA Challenges Produce Mixed Results; Supreme Court Weighs In by Brandon Sample Over the past several years a split has developed between the federal courts of appeal over the scope and constitutionality of the Sex Offender Registration and Notification Act (SORNA), a component of the federal Adam Walsh Child Protection …
Indiana Sex Offender Registration Law Can Not Be Retroactively Applied by The Indiana Sex Offender Registration Act (ISRA) can not be applied to offenders who committed their crimes before the statute’s enactment, the Indiana Supreme Court decided on January 6, 2010. Gary M. Hevner was convicted in 2008 of possessing …
Washington State DNA Collection Fee Affirmed on Appeal by On October 15, 2008, Brandy Brewster of Washington State was convicted by a jury for possession of cocaine, for which she was arrested almost two years previously on November 15, 2006. At her sentencing on December 8, 2008, Ms. Brewster was …
Indeterminate Civil Commitment Provisions Do Not Apply Retroactively by The Court of Appeal of California, Sixth Appellate District, has reversed and remanded with instructions to dismiss a Sexually Violent Predator (SVP) certification. Joseph Johnson, Jr., was convicted of rape and sentenced to 33 years in prison in 1980. In 2000, …
Article • January 15, 2010
Nebraska Supreme Court Upholds Civil Commitment Law by The Nebraska Sex Offender Commitment Act (SOCA) does not run afoul of either the Nebraska or United States Constitutions, the Nebraska Supreme Court decided March 13, 2009. J.R. was convicted of first degree sexual assault of a child. Prior to his release …
Page 1 of 3. | 1 2 3 | Next »