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Ninth Circuit Finds Arizona's Sex Offender Registration Law Not Ex Post Facto Violation by Matthew Clarke On September 2, 2016, a three-judge panel of the Ninth Circuit U.S. Court of Appeals found that Arizona's sex offender registration law may be constitutionally applied to persons who committed their offense prior to ...
Article • December 2, 2015 • from PLN December, 2015
Massachusetts Supreme Court Rules Amended Sex Offender Registration Law Ex Post Facto by Gary Hunter Massachusetts Supreme Court Rules Amended Sex Offender Registration Law Ex Post Facto by Gary Hunter On July 12, 2013, Massachusetts Governor Deval Patrick signed into law a bill requiring the state’s Sex Offender Registry Board ...
Article • November 17, 2015
New York Man Previously Convicted as Sex Offender Subject to Amended Statute’s Stricter Requirements by New York Man Previously Convicted as Sex Offender Subject to Amended Statute’s Stricter Requirements The U.S. Court of Appeals for the Second Circuit has held that a state sex offender statute’s amendments applied to a ...
Article • September 29, 2015
New York Court Orders the Release of a Man Illegally Imprisoned by New York Court Orders the Release of a Man Illegally Imprisoned A New York court has mandated the release of a man who was imprisoned for violating release conditions that were illegally imposed on him by the New ...
Article • August 1, 2015 • from PLN August, 2015
Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample by David Reutter Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample by David M. Reutter The Nebraska Supreme Court has held that a retroactive state law which requires prisoners to submit DNA samples violates ...
Article • June 12, 2015
Alaska’s Retroactive Application of ASORA Amendments Violates Ex Post Facto Clause by Alaska’s Retroactive Application of ASORA Amendments Violates Ex Post Facto Clause The Alaska Supreme Court held that its rule prohibiting precedential effect of 2-to-l decisions does not apply retroactively. Therefore, Doe v. State, 189 P3d 999 (Alaska 2008)(Doe ...
Lifetime GPS Monitoring of Sex Offenders Upheld in South Carolina by Lonnie Burton Lifetime GPS Monitoring of Sex Offenders Upheld in South Carolina by Lonnie Burton South Carolina’s Supreme Court hasrejected a challenge to a state law that requires lifetime GPS monitoring of certain sex offenders who violate the terms ...
Article • April 9, 2015 • from PLN April, 2015
Maryland Cannot Compel Retroactive Sex Offender Registration by Maryland Cannot Compel Retroactive Sex Offender Registration he Maryland Court of Appeals held in June 2014 that circuit courts have the power to order the removal of sex offenders from the state’s registry, thereby impacting federal databases as well; the decision followed ...
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 • December 3, 2014 • from PLN December, 2014
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 • October 10, 2014 • from PLN October, 2014
Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto by Matthew Clarke Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto by Matt Clarke In an opinion filed May 21, 2013, the Fifth Circuit Court of Appeals held that changes to commutation laws and rules in Louisiana, which ...
SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules by SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules   The federal Sex Offender Registration and Notification Act (SORNA) is a civil and non-punitive regulatory scheme that does not violate the Ex Post Facto Clause, the ...
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 ...
Article • January 15, 2014 • from PLN January, 2014
Filed under: Sentencing, Ex Post Facto
Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999 by The Oregon Court of Appeals has held that for crimes committed between February 17, 1999 and October 23, 1999 (aka “the McLain window”), the only permissible sentence for a murder conviction was 300 months in prison followed by ...
Brief • December 23, 2013
Doe v. New Hampshire, Criminal Justice Reform Amicus Brief, Ex Post Facto Sex Offender Registry, 2013 THE STATE OF NEW HAMPSHIRE SUPREME COURT DOCKET 2013- John Doe v. State of New Hampshire Appeal from Merrimack County Superior Court __________________________________________________________________ Brief of Amicus Curiae Citizens for Criminal Justice Reform in Support ...
Ninth Circuit Upholds BOP Boot Camp Termination by The Ninth Circuit Court of Appeals held that the federal Bureau of Prisons (BOP) did not violate the Administrative Procedures Act (APA) or a prisoner’s constitutional rights when it terminated its boot camp program. Congress passed a law in 1990, authorizing BOP ...
Article • July 15, 2013 • from PLN July, 2013
Louisiana Supreme Court Rejects Ex Post Facto Challenge in Sex Offender Supervision Case by Derek Gilna The Louisiana Supreme Court has reversed the judgment of a state appellate court and reinstated the "lifelong supervision" of Rudy Trosclair, who had contested that condition on ex post facto grounds. At the time ...
Brief • June 28, 2013
Doe v. New Hampshire, SJ Order, Ex Post Facto Sex Offender Registry, 2013 MERRIMACK, SS SUPERIOR COURT John Doe v. State of New Hampshire NO.ll-CV- 6 5 2 ORDER The Petitioner, John Doe, seeks an Order from the Court declaring the Registration of Criminal Offenders Act (the "Act"), RSA 651-B, ...
Article • March 15, 2013
New Jersey Supreme Court Turns Back Constitutional Challenge to the State's Sexually Violent Predator Act by Derek Gilna In an opinion decided November 9, 2010, the New Jersey Supreme Court rejected constitutional challenges to their New Jersey Sexually Violent Predator Act, NJSA. In the case, the court ruled against the ...
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