Category: Legal Action

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…

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…