Nevada Supreme Court – 7 Takeaways

New ruling about jury trials for misdemeanor domestic battery cases. The justices unanimously reasoned that while misdemeanor domestic battery cases are misdemeanors, the unique combination of consequences now in place for that offense make it “serious” enough to trigger a fundamental due process right to a jury trial under both the state and federal constitutions. (Most misdemeanors are still “petty,” and bench trials in front of a single...

Civil Commitment Appeal

James Pesci is a detainee at the Florida Civil Commitment Center (FCCC), a for-profit facility that houses sex offenders involuntarily committed under Florida’s Involuntary Civil Commitment of Sexually Violent Predators Act. Pesci is not a prisoner; like the other roughly 600 residents of FCCC, he has already served out his prison sentence. Instead, he is involuntarily committed because the State has determined that he is a “sexually violent...

Internet Privacy

Arizona Citizens Have Right to Internet Privacy Arizonans have a constitutional right to online privacy to keep police from snooping around to find out who they are without first getting a warrant, the state Court of Appeals has ruled. In what appears to be the first ruling of its kind in the state, the majority said Internet users have a “reasonable expectation of privacy” that the information they...

Righting Biased Decisions

Seventh Circuit Court of Appeals holds colleges legally responsible for their woke ideology Whenever I read a court opinion describing a campus sexual-assault proceeding, I routinely find myself shocked at the staggering unfairness and ridiculous bias of campus kangaroo courts. Driven by the need to find more men guilty — and rationalized by a #BelieveWomen ideology — campus administrators have systematically discarded every fundamental notion of due process...

Iowa Supreme Court rules requiring sex offenders to report social media presence is not a First Amendment violation

The Iowa Supreme Court ruled Friday that requiring sex offenders to disclose their social media identities and other digital information does not violate their free speech rights. Iowa Supreme Court rules that Social Media reporting not a first amendment violation

GPS Tracking & Privacy

Click image to read article 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.” Mandatory GPS monitoring of some sex offenders violates privacy rights, SJC rules

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. church-v-missouriDownload I would love to hear from those who have legal expertise an analysis of this case and what it means for all indigent defendants.

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 this case—(1) solicitation of a minor, (2) unlawful use of a two-way communications device, (3) and traveling after solicitation. The solicitation statute provides in pertinent part: (3) Certain...

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 parks, recreation parks, and swimming pools). Failure to register when required to by law is a felony, and there is no procedure enabling sex offenders to challenge the...

Nevada to embark on new sex offender registry system, but critics say it’s overly harsh

[caption id="attachment_817" align="alignleft" width="300"] Nevada Supreme Court Building[/caption] 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 reoffending, they’ll be categorized according to the original crime they were convicted of — a process that will reshuffle thousands...

Sex offenders settle lawsuit over living in ‘school zones’

GRAND RAPIDS, MI - As reported in this Michigan Live report, Three Grand Rapids men on Michigan's Sex Offender Registry have settled a federal lawsuit against the state over housing requirements that restrict where they can live. The settlement follows a wider ruling by U.S. District Judge Robert Cleland in Detroit that found, in part, that "geographic exclusion zones," such as the 1,000 feet provision, to be unconstitutional....

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