Category: Legal Action

Green Light to Prosecute More Than Once

chained bound feet

Justices Rule States and Feds Can Prosecute Someone for ‘Same Crime’ Ginsburg said in her dissent: “Different parts of the ‘WHOLE’ United States should not be positioned to prosecute a defendant a second time for the same offense. I would…

Lifetime Supervision Revisited Again

Area-51-Nevada-Desert

Nevada Senate Bill 8 – SB8 – once again is trying to revive the lifetime supervision of sex offenders. Watch the video recordings of the hearings on March 18, 2019 by the senate judiciary committee in this unbelievable attempt to…

7th Circuit Rules Indiana DOC Violates Constitution

Sex Offender Prison Program Unconstitutional Indiana Department of Corrections cannot force sex offenders to list all past sex offenses. As reported in this “The Indiana Lawyer” article by Marilyn Odendahl last week: Finding the disclosures provide information that any law…

Hope In Michigan

ACLU pushes for removal of sex offender registry As reported in an earlier post, the Michigan SOR laws have been challenged and now the ACLU of Michigan is pushing for the removal of the current sex offender laws. ABC 57…

PA High Court to review SORNA case again

In this COLLATERAL CONSEQUENCES RESOURCE CENTER April 9, 2019 article about a case in Pennsylvania that is questioning the due process violations for people affected by SORNA. As reported in this article the PA High Court will hear Due Process…

SMART Office

Department of Justice logo

S.M.A.R.T. Office Case Law Update Click the DOJ Logo image below to review the updated court rulings used in the administration of the U.S. Department of Justice’s SMART Office (Office of sex offender Sentencing, Monitoring, Apprehending, Registration, and Tracking)

Indefinite Detainment Unconstitutional

Auschwitz

U.S District Court judge has ruled that ” At the very heart of the liberty secured by the separation of powers is freedom from indefinite imprisonment by executive decree. “ MEMORANDUM OPINION AND ORDER Paul Murphy is indigent and homeless.…

GPS Tracking & Privacy

The Boston Globe Reports – “The government does not have an ‘unlimited’ ability to infringe upon a probationer’s still-existing, albeit diminished, expectations of privacy,’’ Justice Frank M. Gaziano wrote for the court. “GPS monitoring is not a minimally invasive search.”…

Nevada Legislature

Surveillance camera on corner of building

Considering 17 “Sex Offense” bills U.S. News and World Report published this article on sexual offenses to bolster victims rights. CARSON CITY, Nev. (AP) — Nevada lawmakers are considering at least 17 bills on sexual assault, sex trafficking and sexual…

Rational Conclusion

Statue of Liberty at sunset

A U.S District Judge overturns two Alabama sex offender notification and registration provisions on first amendment rationale. Read the full article here in this Reason Magazine report by Jacob Sullum. Sex Offenders Are Not Second-Class Citizens” By Jacob Sullum.

Repeal Adam Walsh Act

Free birds flying away

Contact your state representative and ask them to repeal the Adam Walsh Act today. Politics is an emotion-driven human endeavor like many of our journeys through life. The current laws intent on preventing the next horrific act against a child…

Judicial Vindictiveness

image of Kansas City, Kansas

Kansas Man to be sentenced 3rd time for the same crime. As reported in this March 1, 2019 US News & World Report post, the Kansas Supreme Court has ordered a lower court to try again (third-time!) in sentencing a…

BDR 14-515

Lonely Nevada highway

Former Nevada State Senator Tick Segerblom has submitted a Bill Draft Request on 9/9/2018  which is listed as: BDR-515 “Repeals provisions governing sex offenders which were originally enacted for purposes of the federal Adam Walsh Act.” Example blank BDR form…

SCOTUS Blog

Image of Dr. Martin Luther King Jr.

Argument analysis: Court poised to rule for challenger in dispute over constitutionality of sex-offender law This morning the Supreme Court heard oral argument in a dispute over the constitutionality of a federal law that requires convicted sex offenders to return…