The Missouri Legislature is prohibited from inflicting punishment on a particular person or group through legislative action without trial or judicial action,” the petition reads. “SORA violates the above constitutional bans as it imposes punishment on an affected class whose membership is based entirely on past conduct with no method or process provided for escaping the class. Lawsuit Challenges Missouri Sex Offender Laws
As DOJ Implements Sentencing Reform Law Read this Alabama Public Radio report about this First Step Act reform....
From the Nevada Secretary of State website: Eligibility Status for Individuals with Prior Felony Convictions Any Nevada resident who: Was discharged from parole or probation before July 1, 2019; Is not serving a term of imprisonment on July 1, 2019; and Has not already had his or her right to voter restored Is immediately restored the right to vote as of July 1, 2019. These individuals are eligible...
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...
Three convicted sex offenders have filed a lawsuit challenging Tennessee legislation that would make it a felony for them to live with their children. The Tennessean reports Judge William Campbell Jr. granted a temporary restraining order Friday. A hearing on the request for an injunction is July 11. The legislation is set to become law July 1. Under the law, convicted sex offenders could be subject to arrest...
Non-Delegation Doctrine Update In this Competitive Enterprise Institute article, it is stated that there is a long road ahead to take legislative powers away from U.S Administrative authorities but this U.S. Supreme Court case are taking the next steps towards limitations. Since before the United States was founded, it was understood for centuries that the legislature could not delegate their lawmaking powers by allowing the executive to decide...
child pornography case testing power of judges and juries The Supreme Court ruled Wednesday that even sex offenders deserve to have the reasons for their sentences determined by a jury, not a judge. The justices ruled 5-4 that a federal law requiring sex offenders to return to prison based on a judge's new findings is unconstitutional. Supreme Court precedent gives juries, not judges, the power to determine criminal conduct. Associate...
Opinion analysis: Court refuses to resurrect nondelegation doctrine If you have been following this case, Gundy v. United States, here is an excerpt and analysis from SCOTUS Blog : The Supreme Court today refused to resurrect the nondelegation doctrine, the long-dormant principle that Congress cannot transfer its power to legislate to another branch of government. The case, Gundy v. United States, involved a provision of the Sex Offender...
Law allowing no exceptions to sex offender registration is unconstitutional, Alaska Supreme Court rules The Alaska Supreme Court has ruled that the state’s sex offender registry law violates offenders’ right to due process. Alaska ruling says all registrants not equal!
Justices Rule States and Feds Can Prosecute Someone for ‘Same Crime’ Ginsburg said in her dissent: “Different parts...
Nevada sees many new laws, but how will they affect you?
The US Supreme Court to rule in Gundy v U.S. Background on this case, — Gundy v U.S — from a November, 2018 American Bar Association article by Trish McCubbin can be read here. W.A.R. president Vicki Henry reports that the U.S. Supreme Court will decide on the merits of this doctrine in Gundy v U.S before the end of June, 2019.
Nevada Senate Bill 8 – SB8 – once again is trying to revive the lifetime supervision of sex...
Sex Offender Prison Program Unconstitutional Indiana Department of Corrections cannot force sex offenders to list all past sex offenses. As reported in this "The Indiana Lawyer" article by Marilyn Odendahl last week: Finding the disclosures provide information that any law enforcement agent “would love to have,” the 7th Circuit Court of Appeals has ruled Indiana’s requirement that sex offender inmates give detailed accounts of their past actions violates...
ACLU pushes for removal of sex offender registry As reported in an earlier post, the Michigan SOR laws...
As reported in The Nevada Appeal — The state Assembly on Friday passed a bill that would eliminate...
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
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 violations of SORNA: One of the first people to be required to register under the new law was the defendant in Commonwealth v. Torsilieri. Torsilieri was convicted by...
S.M.A.R.T. Office Case Law Update Click the DOJ Logo image below to review the updated court rulings used...
Arizona lawmakers weigh elimination of lifetime sex offender registration for some State lawmakers are weighing whether to give judges more leeway to eliminate the requirement that certain people register for life as sex offenders. As reported in this Tuscon.com article By Howard Fischer Capitol Media ServicesMar 28, 2019 Updated Mar 29, 2019
