Category: Court Findings

Judicial findings from Nevada and beyond.

Equal Employment Opportunity

5th Circuit Court of Appeals invalidates the Equal Employment Opportunity Commissions Enforcement (EEOC) Guidance on ” Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964.” Collateral Consequences Resources Center article

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…

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.…

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.”…

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.

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…

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…

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…

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…

Sixth Circuit panel concludes Michigan sex offender registration amendments “imposes punishment” and thus are ex post unconstitutional for retroactive application

In a significant panel ruling today, the Sixth Circuit has concluded in Does v. Snyder, No. 15-1536 (6th Cir. Aug. 25, 2016) (available here) that Michigan’s amendments to its Sex Offender Registration Act (SORA) “imposes punishment” and thus the state violates the…