The Ninth Circuit Court of Appeals ruled today that a federal trial court erred when it dismissed a case involving 134 registrants in Idaho who claimed that the state’s sex offender laws violated their civil rights. In its ruling today, the Court opened up the possibility that the Idaho laws at issue violated both the federal and state constitutions. One of the claims in the case is that the state’s sex offender laws violate the ex post facto provision of the U. S. Constitution. Many of the state laws at…
Read MoreTag: U.S. Circuit Court of Appeals
IN: COA – Removal from sex offender registry makes man’s case moot
A man whose name was removed from Indiana’s Sex and Violent Offender Registry on the state’s volition has successfully sought rehearing at the Indiana Court of Appeals, which has now deemed his case moot. Full Article
Read MoreIN: Prison Sex Offender Treatment vs. The Fifth
Remember the Inquisition where you could either deny your guilt and get burned at the stake, or confess and get burned at the stake? The idea was that since confessing saves you from eternal damnation, the Inquisition was simply a strict and intensive rehabilitation program, enforcing “acceptance of responsibility” for the offender’s own good. Full Article Related IN: 7th Circuit rules DOC sex offender program violates Constitution
Read MoreIN: Amendment bars sex offender from son’s school activities
A registered sex offender previously able to attend his son’s school activities per a trial court-granted request was denied that exception Monday when the Indiana Court of Appeals determined an amended statute barred him from entering school property. Full Article Article
Read MorePA: SORNA Registration Equal to Being “In Custody”
For a federal court to consider a habeas petition, the petitioner must be “in custody” at the time the petition is filed. Past cases have found custody to include parole restrictions, own-recognizance release pending appeal, and community service obligations. Today, the Third Circuit held that the requirements that come with registration under Pennsylvania’s Sex Offender Registration and Notification Act satisfy the habeas custody requirement because SORNA restricts registrants’ physical liberty in various ways, including banning computer internet access and requiring them to appear frequently at a state police barracks, in…
Read MoreIA: Warrantless Search of Sex Offender’s Mobile Phone OK
The warrantless search of a sex offender’s mobile phone at a supervised release facility was constitutional, the U.S. Court of Appeals for the Eighth Circuit held Aug. 10. Full Article
Read MoreAL: As some states reconsider sex-offender registries, an Alabama resident argues the state’s for-life requirements are too much
A lawsuit before a federal appeals court may have broad implications for Alabama’s sex offender laws, which some critics claim are the harshest in the United States. Montgomery resident Michael McGuire is suing the state of Alabama for relief from the residency restrictions, travel limits, sex offender registration and other punishments that accompany a conviction of a sexual offense. The case is before the 11th U.S. Circuit Court of Appeals. Full Article
Read MoreThe Transformative Potential of Doe v. Snyder
In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law. Full Article…
Read MoreNC: Federal Appeals Court Strikes Down Absurdly Repressive North Carolina Sex Offender Law
North Carolina’s efforts to drive sex offenders out of public life hit another roadblock on Wednesday when the U.S. Court of Appeals for the 4th Circuit held that two key provisions of a repressive sex offender law violate the Constitution. The ruling marks the second time this year that a federal appeals court has issued a harsh rebuke to a state for enacting outrageous restrictions against former sex offenders, after the 6th Circuit upbraided Michigan for turning sex offender registrants into “moral lepers.” Wednesday’s decision is also a victory for…
Read MoreMI: Sex offender laws and the 6th Circuit’s Ex Post Facto Clause ruling
The Volokh Conspiracy: I wanted to add a few words to co-blogger Jonathan Adler’s posting about the recent 6th Circuit decision in Doe v. Snyder, in which the court voided application of the Michigan Sex Offender Registration Act (SORA) on the grounds that it imposes retroactive punishment on previously convicted sex offenders in violation of the constitutional prohibition against Ex Post Facto laws. Full Editorial Related MI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED]
Read MoreAZ: Court rejects Cochise County man’s challenge of sex-offender registry
WASHINGTON – A federal court Friday upheld a Cochise County man’s conviction for failing to register as a sex offender, even though the state’s the sex-offender registry law was passed the year after his sexual misconduct conviction. A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected David Bernard Clark’s argument that applying a law that passed after his crime was an improper ex post facto application. Full Article Decision Oral Argument Related MI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED] The 6th…
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