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…
Category: Legal Action
Gamble v. United States
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…
U.S. DHS Secretary has sole discretion in AWA Immigration Case
U.S Court of Appeals 3rd District Denies Appellant’s AWA Immigration Challenge This court upheld the District Court’s ruling in this appellant’s challenge to US Immigration and Citizenship Service and the Secretary of the Department of Homeland Security denial of his…
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
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
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…
The National Association of Criminal Defense Lawyers
Amicus Briefs ~ 2018 Checkout this site’s executive summaries of cases that NACDL wrote amicus briefs for in 2018. Cases such as: Alvarez v. City of Brownsville, 5th Cir., Case No. 16-40772, panel decision at 860 F.3d 799 (5th Cir.…
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…
Maintaining the Constitution’s separation of powers
Supreme Court to Hear Gundy v. United States. Of course Mr. Gundy has much at stake personally in the outcome of his case. But so do we all, for the decision in Gundy may have broad implications for the way fundamental separation of powers…
Nevada to embark on new sex offender registry system, but critics say it’s overly harsh
Starting Oct. 1, Nevada will be implementing its version of the federal Adam Walsh Act, a law that significantly changes the way the state classifies its more than 7,200 sex offenders. Rather than categorizing them according to their projected risk of…
Federal judge holds Colorado Registry is Punishment; Violates Eighth Amendment
From NARSOL Website: In a far reaching opinion that is sure to send Colorado’s Attorney General scrambling to salvage that state’s registration and notification scheme, Senior U.S. District Court Judge Richard P. Matsch (a Nixon appointee who presided over the…
US Supreme Court to Hear SORNA Case
HERMAN AVERY GUNDY, Petitioner, v. UNITED STATES, Respondent. INTRODUCTION The Government defends a version of SORNA that Congress never enacted. Nothing in 34 U.S.C. § 20913(d)—or anywhere else in SORNA—directs the Attorney General to make the Act’s requirements, including its criminal sanctions, applicable to…
NV Attorney General Obtains Favorable NV Supreme Court Ruling
Ruling Affirms Constitutionality of Adam Walsh Act ~~~~~ Carson City, NV – Nevada Attorney General Adam Paul Laxalt announced that his office obtained a favorable ruling from the Nevada Supreme Court regarding Nevada’s sex offender registry. The ruling allows Nevada…
This Case Could Help Prevent Congress From Outsourcing Its Power
In this article in The Daily Signal, the authors describe the case on the Supreme Courts docket, Grundy v United States. In it, Grundy argues that Congress has wrongly delegated its power to legislate to the Executive Branch in the…
Missouri Legislature considers updating sex offender registry
FEBRUARY 12, 2018 BY ALISA NELSON “State legislators are talking about updating Missouri’s sex offender registry to be more in line with the federal system. Under State Rep. Kurt Bahr’s proposal, three tiers of offenses would be created, corresponding with how serious…
Illinois – People v. Teeter
2018 IL App (3d) 150243 Opinion filed January 31, 2018 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT 2018 THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court ILLINOIS, ) of the 21st Judicial Circuit, ) Kankakee…
Nebraska Considering Eliminating SOR for Juveniles
LINCOLN, Neb. — A state senator from Bellevue wants to change the rules for Nebraska’s sex offender registry. Sen. Carol Blood’s bill applies to juveniles convicted of sex crimes in other states who then move to Nebraska. Blood calls her…