PASADENA, Calif. (CN) – The full 9th Circuit should have been called to consider whether to let a sex offender challenge his parole conditions, as the question imperils “our constitutional system’s respect for state sovereignty,” five judges said Tuesday.
____ ____ alleges that California prison officials violated his civil rights by imposing residency and GPS monitoring restrictions typically reserved for sex offenders, even though he had only been convicted in the Golden State for robbery. The state justified the Jessica’s Law parole conditions because of ____’s sexual battery conviction in Tennessee 27 years ago.
Finding that ____ could seek relief only from the restrictions via habeas petition, a federal judge dismissed ____’s case.
This past August, a divided three-judge panel of the 9th Circuit concluded that the trial court had misapplied the U.S. Supreme Court’s decision in Heck v. Humphrey since ____ had not challenged either his underlying conviction or the parole itself – only certain conditions of the parole. Full Article