A U.S. Supreme Court justice has rejected Michigan’s request to halt a lower court decision that found the state unconstitutionally put additional restrictions on sex offenders long after their convictions. Justice Elena Kagan denied Tuesday the emergency appeal for a stay. In August, the 6th U.S. Circuit Court of Appeals said changes to Michigan law in 2006 and 2011, which included retroactively restricting sex offenders’ movements near schools, penalize offenders as “moral lepers.” The appeals court denied Michigan Attorney General Bill Schuette’s request to block the decision during appeal. So…
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Supreme Court: Court adds five new cases to docket
… Among the court’s other grants today, Packingham v. North Carolina is the case of Lester Packingham, a North Carolina man who became a registered sex offender after he was convicted, at the age of 21, of taking indecent liberties with a minor. Six years after Packingham’s conviction, North Carolina enacted a law that made it a felony for registered sex offenders to access a variety of websites, from Facebook to The New York Times and YouTube. Packingham was convicted of violating this law after a police officer saw a…
Read MoreA Defender Office for Supreme Court Advocacy?
An “independent federal public defender office charged with representing poor defendants before the United States Supreme Court” is necessary to fill gaps in legal services to the poor and “better balance the scales of justice between the government and the defendants,” Sen. Cory Booker (D-N.J.) said earlier this month. Full Article
Read MoreCA RSOL president Janice Bellucci sworn into the U. S. Supreme Court Bar Association
CA RSOL president Janice Bellucci was sworn into the U. S. Supreme Court Bar Association today. As a member of that association, she is eligible to argue cases before the Court.
Read MoreSCOTUS: No registration update required after moving out of the country (Nichols)
The Court issued two opinions on Monday morning. In Nichols v. United States, in an opinion by Justice Samuel Alito, the Court unanimously ruled that the Sex Offender Notification and Registration Act did not require Nichols, a registered sex offender, to update his registration in Kansas once he left the state. Opinion Oral Argument (Mar 1) Transcript Related SCOTUS: Justices weigh whether sex offenders should be tracked worldwide (CA RSOL) Argument preview: When a sex offender moves out of the country, does he have to tell anyone? [UPDATED] (CA RSOL) The Supreme…
Read MoreThe Smear Campaign Against Potential SCOTUS Nominee Jane Kelly Is an Attack on the Constitution
There are few constitutional provisions more important than the Sixth Amendment’s guarantee of a right to defense counsel. That civil liberty, which applies even for indigent defendants who can’t afford their own attorney, is the cornerstone of the United States criminal justice system and a critical component of due process. In the legal community, it’s understood that criticizing an attorney who defends an unpopular defendant—especially a public defender assigned to an impoverished client—is inappropriate, offensive, and unprofessional. Public defenders who represent disreputable defendants are fulfilling the requirements of the Constitution;…
Read MoreSCOTUS: Justices on both sides invoke Scalia in sentencing case
WASHINGTON — The late Justice Antonin Scalia’s writing turned up in dueling Supreme Court opinions Tuesday, a fitting tribute to the justice who co-authored an entire book on interpreting the law. Justices Sonia Sotomayor and Elena Kagan both invoked the book Scalia wrote with Bryan Garner in 2012 in a case over a lengthy prison term for a man convicted of possessing child pornography. Full Article
Read MoreSCOTUS: Justices skeptical about government’s interpretation of sex-offender-registration law (Analysis)
In the early days of Monday Night Football, as soon as it became evident that the game was effectively over, color commentator “Dandy” Don Meredith would begin to croon, “Turn out the lights, the party’s over . . . .” During the government’s argument in Tuesday’s hearing in Nichols v. United States, the lights in the courtroom actually went out. And, if the Justices’ hostile questioning of the government’s lawyer provides any clue, the party may indeed be over. After Daniel Hansmeier, the federal public defender representing petitioner Lester Ray…
Read MoreSCOTUS: Justices weigh whether sex offenders should be tracked worldwide
Members of the Supreme Court on Tuesday appeared skeptical of the federal government’s argument that a registered sex offender should be required to notify authorities when moving to another country. Full Article Oral Argument Transcript Case History Related Justices Target Unclear Sex Offender Registration Rule – Criminal Law Reporter Argument preview: When a sex offender moves out of the country, does he have to tell anyone? – CA RSOL
Read MoreArgument preview: When a sex offender moves out of the country, does he have to tell anyone? [UPDATED]
UPDATED with Oral Argument – When ____ ____ ____, a federally convicted sex offender, left Kansas in 2012 to go live in the Philippines, one might have thought the United States government would be happy to see the back of him. Not so. Federal authorities tracked him down in Manila and escorted him back to Kansas, where he was convicted in federal district court of failing to notify Kansas authorities that he had left the state. On March 1, the U.S. Supreme Court will hear his argument that his move…
Read MoreSCOTUS declines to hear Ex-Post Facto case
The U.S. Supreme Court has denied a registered citizen the opportunity to further challenge whether a registration law applied to him retroactively violates the Constitution. As a result, the Court will not hear the case and his legal challenge to that law has ended. At issue was whether the retroactive application of a sex offender program violates the Ex Post Facto Clause of the United States Constitution where the program imposes numerous onerous obligations and restrictions upon a registrant for life, with no opportunity to terminate registration even upon a…
Read MoreSCOTUS to Decide Reach of Sex Offender Registry
The Supreme Court on Friday said it will consider whether the Sex Offender Registration and Notification Act requires sex offenders who move to a foreign country to notify their prior home state of their change of residence. At issue is are the cases of two men who lived on opposite sides of the Missouri River in the Kansas City Metropolitan area, were both convicted of sex crimes in unrelated cases prior to the enactment of the Sex Offender Registration and Notification Act, and later moved — again separately — to…
Read MoreThe Fate Of This Sex Offender May Lie In The Hands Of Justice Scalia [updated]
***Supreme Court Justice Scalia dies at 79; fiery conservative fought liberalism’s tide*** WASHINGTON — A man convicted of possessing child pornography wants the Supreme Court to read his offense under federal law narrowly — and in the process, to give him a break from a very long prison sentence. Whether he’s successful may depend on the voice and vote of Justice Antonin Scalia. Full Article
Read MoreWas the trigger point for John Roberts’ appointment based upon Smith v Doe?
One of the most influential appointments in the history of the United states has turned out to be John Roberts, Chief Justice and Price Club Manager of the United States Supreme Court. I am in the process of researching how judicial appointments were made in the United States, including both the historical records as well as political gamesmanship in making those selections. Full Editorial on sosen.org
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