Category: Legal Action

What to say to the police

Don’t talk to the police. Why not? From this talk by Regent University School of Law Professor James Duane There is no way it will help. No benefit. Things will be taken out of context.

Michigan AG files SOR Brief

map of the U.S.

Michigan Attorney General Dana Nessel filed amicus briefs in the Michigan Supreme Court today in Press Release: Michigan v Snyder (Case number 153696) and People v Betts (Case number 148981), arguing that Michigan’s sex offender registration and notification requirements are punishment because they…

Case – Church v Missouri

The Right to Meaningful Representation verses State Sovereign Immunity This case before and the decision by the United States Court of Appeals for the Eighth Circuit can be read by clicking the link below. I would love to hear from…

ACLU Michigan Lawsuit

Downtown Detroit, Michigan

ACLU suit seeks changes to Michigan sex offender registry By George Hunter, The Detroit NewsPublished 12:01 a.m. ET Jan. 21, 2019 | Updated 10:33 a.m. ET Jan. 21, 2019 William Hetherington says he’s still being punished after paying his debt for…

NV Senate Bill 8

Nevada Legislature building Carson City

Revises provisions governing the conditions for lifetime supervision of sex offenders. (BDR 16-408) Existing law sets forth certain conditions to be imposed on sex offenders placed under a program of lifetime supervision or released on parole, probation or a suspended sentence.…

Double Jeopardy – Florida Supreme Court

BRIAN MITCHELL LEE, vs. STATE OF FLORIDA, December 13, 2018 Double jeopardy “prohibits subjecting a person to multiple prosecutions, convictions, and punishments for the same criminal offense.” “The prohibition against double jeopardy is ‘fundamental.’ ” There are three offenses at issue in…

First Step Act

McConnell Says He Will Bring Criminal Justice Bill to Senate Floor for Vote Under pressure from the White House and a number of his fellow Republicans, Senate Majority Leader Mitch McConnell (R-Ky.) said today he will bring a major criminal…

Will SCOTUS hear Boyd v Washington?

Should Registrants be able to protect their families and themselves with a firearm? Boyd v. Washington is among the cases on tomorrow’s Supreme Court of the United States conference calendar. The question at issue in that case is “Whether the…

Gamble v. United States

Declaration of Independence

Constitutional Accountability Center, Cato Institute, and American Civil Liberties Union file Friend of the Court Briefs In Gamble v. U.S., Supreme Court to take up the “Double Jeopardy Clause” of the Fith Amendment. The concept of “Dual-Sovereignty” will be addressed.…

Nondelegation Doctrine & Gundy v. U.S.

Nondelegation doctrine defined at Wikipedia Reviving the Nondelegation Doctrine The Supreme Court has accepted certiorari in a case that raises a nondelegation doctrine question (as well as several other issues). In Gundy v. United States, the nondelegation issue involves the…

North Carolina Procedure Ruled Unconstitutional

United States District Court Rules in Favor of Plantiff in Due Process Case Registered sex offenders face significant restrictions in their daily lives. See, e.g., N.C. Gen. Stat. § 14-208.18(a)(3) (preventing registered sex offenders from going to libraries, arcades, amusement…

VASQUEZ, ET AL. v. ILLINOIS

Brief of Eighteen Scholars as Amici Curiae in Support of Petitioners INTEREST OF AMICI CURIAE1 Amici are eighteen scholars across six disciplines whose work includes the leading empirical studies of persons convicted of sexual offenses and the laws applied to…

Colorado Sex Offender Registration Challenge

Denver skyline

Millard et al., v. Rankin, 265 F.Supp.3d 1211 (D. Colo. 2017) Posted: September 7, 2017 | Mitchell Hamline School of Law Nature of Case: Plaintiffs, individuals required to register in Colorado, filed an as-applied civil rights challenge alleging that Colorado’s…

Third Lawsuit Filed

America Crocodile

Third Lawsuit Filed This Month Challenging Florida Sex Offender Registry Oct 15, 2018 | Florida Action Committee Another federal lawsuit has been filed challenging the Florida sex offender registry. This one filed in the Middle District of Florida and assigned…

Florida Ex Post Facto Challenge

Plaintiffs are five registrants whose offenses were committed before the first version of FSORNA was enacted in October 1997. They have long since completed their sentences, including probation. They have not since been arrested or convicted of any substantive offense,…

Playing With Fire?

Liberals Courted Neil Gorsuch’s Vote to Strike Down a Terrible Sex Offender Law During Tuesday’s oral arguments in Gundy v. United States at the Supreme Court, Justice Neil Gorsuch name-dropped an unusual ally: the American Civil Liberties Union. Gorsuch asked…