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9th Circuit Invalidates Employment Parole Condition

[ACSOL]

9th Circuit Invalidates Employment Parole Condition

The 9th Circuit Court of Appeals recently invalidated a condition of parole which restricted a registrant from “engaging in any occupation, business, volunteer activity or profession” that had “the potential to be alone with children.”  In its ruling, the Court agreed with the registrant that the parole condition at issue was overbroad.

The Court noted in its decision that the condition “would leave only professions in industries that rigidly prohibit the presence of minors, such as a bar, casino, or adult-entertainment venue.  The Court also noted that there was nothing in the record to suggest that the registrant “had an ongoing propensity to harm children, particularly random children he might ‘potentially’ encounter on the job.”  The registrant in this case was convicted in Arizona of assaulting a child under the age of 16.

This decision, issued on June 8, has been designated as “not appropriate for publication.”  The decision was issued without oral argument due to a unanimous decision by the panel of judges involved in the case.

Download the decision:

U S v Tullie – Parole Conditions – 9th Cir – 2020

 

Join the discussion

  1. SR

    Great news! Keep chipping away at this junk.

    I’m curious though what “not appropriate for publication” means?

    • JohnDoeUtah

      Means it cant be used as precedent.

      • SR

        Thanks. That’s weird. I had no idea judges can block something off like that. Why wouldn’t this be allowed as precedent in the future?

      • Dustin

        Exactly. More specifically, they don’t want a barrage of similar claims from similarly affected persons (in this case, nearly everyone on the registry still under supervision).

        Don’t know about California, bujt here in Georgia there appears to be an unwritten rule that no judge will rule against his own probation officers regardless of circumstance. I’d bet there’s an element of that in the decision to not publish this particular opinion as well.

        Still, I would make the same claim and cite this opinion, if for no other reason to watch the judge struggle with a way to say how it doesn’t apply.

    • AJ

      IMO, Unpublished Opinions are total BS and a jury-rigging of the judicial system. Why should some judges NOW get to decide the value of a court case LATER? If your reasoning is valid, Your Honors, your Opinions should be usable. Instead, let’s make another citizen have to prove a similar case from Square One.

      Justice may be blind, but she sure knows how to cheat the system.

  2. Tim in WI

    NON PUBLICATION
    Given “the unanimous opinion of the panel” the designation as not sound precedent displays the courts admonished the state agent here. In other words, the agency leadership should have known better because of earlier precedents. One sided interpretation of law occured here and through which a man was denied opportunities for employment based upon an overbroad interpretation ( adhoc) of law by the administrative branch.

    This type of agency caprice occurs more frequently than folks think. Most of the time however these capricious acts go unchallenged by convicts. This person made a stand and won the day despite the plethora of barriers meant to protect gov actors.

  3. USA

    Question: was this just for those with child related offenses? All offenses? Just curious

  4. AERO1

    Sounds like there starting to separate pedophiles from sexoffenders it’s about daam time.
    I dont see why everybody should suffer for someone else’s crime..

    Good luck

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