Mitchell Hamline School of Law
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    Mitchell Hamline School of Law, located in St. Paul, Minnesota offers a rigorous, practice-based experience, preparing graduates to serve clients and communities. Our motivated students study full time or part time, on-campus or partially online in the way that fits their lives.

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Sex Offense Litigation and Policy Resource Center

In re Taylor (Ca. 2015)

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Recent Cases

  • McDeid v. Johnston (Minn. 2023)

  • Doe v. Department of Justice (C.D. Cal. 2023)

  • In re T.O. (Cal. Ct. App. 2022)

  • People v. Kastman (Ill. 2022)

  • State v. McMahon (La. Ct. App. 2022)

  • Commonwealth v. Roderick (Mass. 2022)

  • Lake Naomi Club, Inc. v. Rosado (Pa. Commw. Ct. 2022)

  • State v. Larson (Minn. 2022)

  • Doe as Next Friend of Doe #6 v. Swearingen (11th Cir. 2022)

  • McGuire v. Marshall (11th Cir. 2022)

Contact Information

Sex Offense Litigation and Policy Resource Center

875 Summit Avenue
Saint Paul, MN 55105

Professor Eric Janus, Director

eric.janus @mitchellhamline.edu

Madeline Ranum, Policy Fellow

651-695-7638

madeline.ranum @mitchellhamline.edu

Posted: December 19, 2018

In re Taylor, 343 P.3d 867 (Ca. 2015)

Nature of Case: Four individuals on parole for sex offenses in San Diego, CA brought constitutional challenge against blanket enfrocement of residential banishment laws that they were subject to. Their facial constitutional challenge was denied, but the case was remanded to the trial court for fact-finding regarding their as-applied challenge.

The trial court held an evidentiary hearing, during which it found that petitioners were barred from 97% of rental housing that would be available to them, and that homelessness amongst parolees subject to these banishment laws spiked after their implementation which undermined efforts at rehabilitation. The trial court entered an order enjoining CDCR from enforcing blanket application of residential banishment laws to those on parole for sex offenses, with the caveat that CDCR could impose them as a special condition of supervision so long as it was based on individual circumstances. CDCR appealed, and appellate court affirmed the trial court. CDCR then petitioned the California Supreme Court for review, which was granted.


Holding: 
California Supreme Court affirmed the decisions of the trial and appellate courts. Under the 14th Amendment’s Due Process Clause, blanket imposition of the residency banishment laws bore no rational relation to state’s legitimate goal of public safety.

Case Documents

  • California Supreme Court Opinion | view via Google Scholar
  • Opening Brief
  • Respondents’ Answer Brief
  • Reply to Answer Brief

News and Related Materials

  • CC Resource Center – California high court invalidates sex offender residency restrictions

Category: Residency Cases Tag: California, Parole, Residential Banishment, Substantive Due Process

Previous Post:
Doe v. City of Lynn (Mass. 2015)
Next Post:
Mann v. Georgia Dep’t of Corr. (Ga. 2007)

Topics

Jurisdiction

10th Cir. 11th Cir. 1st Cir. 2nd Cir. 3rd Cir. 4th Cir. 5th Cir. 6th Cir. 7th Cir. 8th Cir. 9th Cir. 9th Circuit Alabama Alaska Arizona California Colorado Connecticut D.C. Cir. Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Neb. Nebraska New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania South Carolina South Dakota Tennessee Texas United States Supreme Court Utah Vermont Virginia Vt. Washington Wisconsin

Constitutional Issues

10th Amendment 14th Amendment 1st Amendment 4th Amendment 5th Amendment 6th Amendment 8th Amendment Assistance of Counsel Bail Bill of Attainder Compelled Speech Double Jeopardy Due Process Equal Protection Ex Post Facto Foreign Commerce Clause Fourteenth Amendment Freedom of Association Full Faith and Credit Habeas Corpus Necessary and Proper Nondelegation Overbreadth Privileges and Immunities Procedural Due Process Right to Jury Trial Right to Parent Right to Travel Ripeness Speedy Trial Standing Substantive Due Process Takings Clause Treaty power Void-for-Vagueness

Substantive Issues

Actual Innocence Administrative exhaustion Administrative Procedures Act AEDPA Antisocial Personality Disorder Apprendi / Alleyne As-Applied AWA Burden of Proof Churches Civil Commitment Collateral Estoppel Conditions of Confinement Conditions of Release Daubert Deregistration Evidentiary Standards Expungement Extraterritorial Registration Failure to Register Familial Relationships GPS Halloween Hearsay Heck bar Homelessness Housing HUD Immigration Ineffective Assistance International Travel Internet Identifiers Internet Restrictions Jury Instructions Juvenile Registration Mental disorder Non-Sexual Offense Notification Out-of-state Offense Paraphilia Diagnosis Pardon Parole Personality Disorder Plea Agreement Plethysmograph PLRA Polygraphs Preemption Presence Restrictions Procedural Default PROTECT Act Punishment Qualified Immunity Recidivism Reclassification Res Judicata Residential Banishment Retroactive Application (Non-EPF) Revocation of Supervision Risk School Property Second / Subsequent Offense Sentencing Sexual Predator designation Sign Posting Special Needs Supervised Release SVP Tiering / Classification Tolling Transitional Release Travel Travel Restrictions Treatment Programs Voting Rights





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