News & Updates
TN: Two Pro-Se registrant cases proceed.
It’s rare to see a pro-se (self represented) litigant’s case proceed past the initial stages. It’s even more rare when the case involves a challenge to the registry. Now imagine how rare it is for that to happen in two separate cases, on the same day, in two separate districts of Tennessee! Clayborn v. Lee, No. 3: 22-cv-00458 (M.D. Tenn.
Read moreMT: State v. Hinman: Reconsidering the Retroactive Provisions of the Sexual or Violent Offender Registration Act
This case was argued but a decision has not been rendered yet. Still, this is an insightful analysis of the Montana Registration Statute. Richard Denver Hinman appeals from his conviction underMontana Code Annotated § 46–23–507, failure to register as a sexoffender, in the Second Judicial District Court, Silver Bow County.1The Montana Supreme Court will review: (i) whether the retroactiveapplication of
Read moreMI: Sex Offender Legislation Ex Post Facto: The History and Constitutionality of Michigan’s Sex Offenders Registration Act
MSORA has been amended many times since its enactment. Over the lasttwenty–five years, changes to the statute have generally made compliance moredifficult until the Sixth Circuit invalidated the entire statute under federal law. Asubsequent Michigan Supreme Court decision also nullified the statute on state lawgrounds. Amendments enacted after the Sixth Circuit’s decision vastly reduced theobligations and restrictions imposed on sex
Read more7th Circuit upholds lifetime GPS for repeat offenders
The 7th Circuit Court of Appeals has affirmed the lower court’s decision finding lifetime GPS monitoring for people with two or more sexual offense convictions does not violate the 4th Amendment. The opinion can be read here: https://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2022/D06-21/C:20-1059:J:Sykes:aut:T:fnOp:N:2893118:S:0
Read moreStatute of Limitations eliminated for CP Prosecutions and “Maya’s Law”
Effective July 1, 2022, the statute of limitations for the prosecution of certain sexual performance by child (F.S. s. 827.071) offense is eliminated. CS/SB 1244, that was signed into law, provides that “a prosecution for any offense under s. 827.071(2) or (3), if the offender was 18 years of age or older at the time of the offense, may be
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