Meza v. Livingston (5th Cir. 2010)

Meza v. Livingston, 607 F.3d 392 (5th Cir. 2010).

Nature of Case: Appellant was convicted of a homicide offense and sentenced. He was ultimately released from prison on mandatory supervision, provisions of which empowered Texas officials to impose special conditions. Amongst the conditions that Texas officials imposed on Appellant were that he participate in a sex offender treatment program and that he register as a sex offender, despite not having been convicted of a sex offense. Appellant brought suit, alleging that the special conditions violated his Due Process rights. District Court agreed, and state sought review.

Holding: Fifth Circuit Court of Appeals affirmed, holding that requiring Appellant and those in his position to register as sex offenders implicated a liberty interest, and that the procedures that the state officials used were constitutionally insufficient. Court further determined that Appellant was entitled to “(1) written notice that sex offender conditions may be imposed as a condition of his mandatory supervision; (2) disclosure of the evidence being presented against Meza to enable him to marshal the facts asserted against him and prepare a defense; (3) a hearing at which Meza is permitted to be heard in person, present documentary evidence, and call witnesses; (4) the right to confront and cross-examine witnesses, unless good cause is shown why this right should not be granted; (5) an impartial decision maker (which we assume the Board will be); and (6) a written statement by the factfinder as to the evidence relied on and the reasons it attached sex offender conditions to his mandatory supervision.”