Court Findings

Judicial findings from Nevada and beyond.

Court Findings

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

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[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...

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Court Findings

Sex offenders settle lawsuit over living in ‘school zones’

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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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Court Findings

Court says secretly filming nude young girls in bathroom isn’t child porn

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The Tennessee Supreme Court is vacating the child-porn production conviction of a Knoxville man, named Thomas Whited, who secretly filmed his 12-year-old daughter—and 14-year-old friend—showering, going to the bathroom, and undressing. Although the father recorded the bathroom for two months for sexual reasons, the high court vacated his 22-year sentence because what he filmed did not amount to pornography. The girls were not having sex, the high court...

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A setback for First Amendment protection for anonymous speech

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Continuing the one-step-forward, one-step-backward pattern that has characterized the cases examining the constitutionality of state sex offender registry statutes, the Illinois Supreme Court has upheld the provisions of the Illinois sex offender statute compelling disclosure of all “Internet identifiers” just a few weeks after the district court in Florida struck down, on First Amendment grounds, a virtually identical provision in the Florida statute. Here’s the background: Mark Minnis...

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6th U.S. Circuit Court of Appeals Rules on Michigan SO Laws

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From the Detroit Free Press: Court: Michigan's toughened sex offender rules cannot be retroactive The 6th U.S. Circuit Court of Appeals reversed part of a lower-court ruling, saying the state could not impose harsher restrictions enacted in 2006 and 2011 on offenders who were convicted before the law was changed. The court said the revisions, which include restricting offenders' movement near schools, penalize sex offenders as "moral lepers."...

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Court Findings

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

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[caption id="attachment_243" align="alignnone" width="300"] Sixth Circuit Court of Appeals[/caption] 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 US Constitution when applying these SORA provisions retroactively.  Here is some of the concluding analysis from the unanimous panel decision reaching...

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Court Findings

McNeill v State

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Appellant was a convicted sex offender on lifetime supervision. When Appellant had been on lifetime supervision for five years, the State Board of Parole Commissioners imposed additional conditions that were not enumerated   McNeill v. State McNeill v. State - 132 Nev. Adv. Op. No. 54 LAW.JUSTIA.COM  http://law.justia.com/cases/nevada/supreme-court/2016/66697.html

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