This section
Crowley v. State of Indiana (Ind. Ct. App. 2022)
Indiana Court of Appeals opinion affirming trial court’s denial of Plaintiff’s ex post facto challenge which sought removal from Indiana’s registry where Plaintiff’s 30 year-old out-of-state conviction pre-existed the relevant statutes requiring registration.
Sex Offense Litigation and Policy Resource Center Posted: June 13, 2022Cornelio v. Connecticut (2d Cir. 2022)
The Second Circuit opinion reversing dismissal of a First Amendment claim challenging requirement that those registered under Connecticut’s sex offense registration law notify the state each time they create a new email address, instant messenger address, or other internet communication identifier, concluding that because Connecticut’s requirement risks chilling online speech, it is subject to heightened scrutiny under the First Amendment.
SORN Cases Posted: May 10, 2022Koch v. Village of Hartland (E.D. Wis. 2021)
District Court decision concluding that a town ordinance limiting “designated offenders” from establishing residency was not retroactive punishment in violation of the Ex Post Facto Clause under controlling Seventh Circuit precedent.
Residency Cases Posted: January 6, 2022Commonwealth v. Santana (Pa. 2021)
Supreme Court of Pennsylvania opinion holding that retroactive application of sex offender registration law was punitive, supporting finding of unconstitutional ex post facto law, even where triggering offense occurred in another state and defendant complied with that state’s registry requirements before moving to Pennsylvania.
SORN Cases Posted: January 6, 2022Does #1-9 v. Lee (M.D. Tenn. 2021)
Middle District of Tennessee opinion granting a preliminary injunction preventing enforcement of Tennessee’s registration act against plaintiffs whose respective offenses were committed prior to enactment of the registration scheme, noting that well established Sixth Circuit precedent supports the conclusion that ex post facto application of Tennessee’s registration statute is unconstitutional.
SORN Cases Posted: December 7, 2021Frank A. v. Donnie Ames (W. Va. 2021)
West Virginia Supreme Court of Appeals opinion holding that any retroactive application of supervised release statute, West Virginia Code § 62-12-26, to an individual who committed any of the enumerated sex offenses prior to the effective date of the statute violates state and federal constitutional prohibitions against ex post facto laws.
SORN Cases Posted: December 7, 2021State v. Davidson (Kan. 2021)
Supreme Court of Kansas opinion holding that Mandatory lifetime post-release registration under the Kansas Offender Registration Act (KORA) does not constitute punishment for purposes of applying provisions of the Ex Post Facto Clause of the United States Constitution.
SORN Cases Posted: November 3, 2021State v. N.R. (Kan. 2021)
Kansas Supreme Court opinion holding that the lifetime sex offense registration requirement under the Kansas Offender Registration Act did not violate the Ex Post Facto Clause or federal and state prohibitions against cruel and unusual punishment in the context of a person who committed their offense as a juvenile.
SORN Cases Posted: November 3, 2021Hope et al. v. Commissioner (7th Cir. 2021)
7th Circuit Court of Appeals opinion holding that Indiana’s practice of requiring registration of individuals who committed offenses prior to the enactment of their registration law, but moved to Indiana subsequent to the enactment of the law, does not violate the constitutional right to travel.
SORN Cases Posted: August 17, 2021People v. Betts (Mich. 2021)
Michigan Supreme Court opinion holding that Michigan’s SORA violates ex post facto prohibitions contained in the state and federal constitutions.
SORN Cases Posted: July 27, 2021Arthur v. United States (D.C. Ct. App. 2021)
District of Columbia Court of Appeals opinion holding that D.C.’s SORA law does not violate Ex Post Faco prohibitions as applied to an individual convicted prior to its passage and required to register.
SORN Cases Posted: July 23, 2021Childers v. Crow (10th Cir. 2021)
10th Circuit Court of Appeals opinion holding that a habeas corpus petition filed by an individual required to register was time barred, and that he did not raise a sufficiently colorable claim of actual innocence to overcome procedural defects.
SORN Cases Posted: June 15, 2021Davidson v. State (La. 2021)
Louisiana Supreme Court opinion holding that a conviction dismissed subsequent to successful completion of probation is still a registrable offense, and that Ex Post Facto concerns were not implicated in the case of a Florida resident who sought to avoid registration on his return to Louisiana.
SORN Cases Posted: May 16, 2021Doe v. Lee (M.D. Tenn. 2021)
Federal trial court opinion for the Middle District of Tennessee granting a preliminary injunction in favor of a plaintiff bringing constitutional challenges to Tennessee’s SORA.
SORN Cases Posted: May 15, 2021Thomas v. Blocker (CA3 2020, M.D. Pa. 2021)
Federal district court, following remand from court of appeals, granting defendants’ motion for summary judgment on claims that Pennsylvania’s SORNA violated Due Process & Ex Post Facto constitutional provisions, in addition to retaliation and defamation claims.
SORN Cases Posted: April 14, 2021Steinman v. Blocker (Pa. 2021)
Pennsylvania Supreme Court order reversing lower court finding that Pennsylvania’s SORA was punitive and could not be applied retroactively.
SORN Cases Posted: March 28, 2021Doe v. Peterson (D. Neb. 2021)
Federal district court opinion finding no constitutional violation with regard to Nebraska requiring juveniles adjudicated out of state and registered privately in their respective states to be placed on Nebraska’s public registry upon moving there.
SORN Cases Posted: March 24, 2021Harrison v. Wyoming (Wyo. 2021)
Wyoming Supreme Court opinion holding that appellant was not eligible to petition for removal from state registry on the basis that he had not registered for 25 years under state law, fact that his conviction occurred 25 years ago notwithstanding.
SORN Cases Posted: March 9, 2021Doe v. Lee (M.D. Tenn. 2021)
Federal trial court holding that application of Tennessee’s sex offense registration act violated the Ex Post Facto clause as applied to two plaintiffs.
SORN Cases Posted: February 10, 2021State v. Brown (N.J. 2021)
New Jersey Supreme Court opinion holding that enhanced penalties for failure to register passed after an obligation to register arose do not implicate ex post facto provisions of state or federal constitutions.
SORN Cases Posted: January 27, 2021Does v. Wasden (9th Cir. 2020)
9th Circuit Court of Appeals case reversing the dismissal of various constitutional claims related to Idaho’s SORNA, including Ex Post Facto, Double Jeopardy, and Eighth Amendment.
SORN Cases Posted: December 14, 2020State v. Townsend (Ohio 2020)
Ohio Supreme Court opinion holding that a state law designating certain individuals as sexually violent predators, subjecting them to enhanced criminal sentencing, could not be applied retroactively.
SORN Cases Posted: December 14, 2020Does v. Miami-Dade County (11th Cir. 2020)
11th Circuit Court of Appeals affirming the denial of the lower court to allow an as-applied Ex Post Facto claim in a lawsuit over Miami-Dade’s housing banishment laws.
Residency Cases Posted: September 9, 2020Willman v. United States Attorney General (6th Cir. 2020)
Federal district court in the Eastern District of Michigan dismissing broad constitutional challenge to federal SORNA.
SORN Cases Posted: August 27, 2020Reid v. Lee (M.D. Tenn. 2020)
Tennessee federal district court opinion granting preliminary injunction in favor of plaintiff who alleged that the application of Tennessee’s SORA to him violated Ex Post Facto prohibitions.
SORN Cases Posted: August 10, 2020Commonwealth v. Lacombe et al. (Pa. 2020)
Pennsylvania Supreme Court Opinion holding that Pennsylvania’s second-generation sex offense registration statute is non-punitive and thus ex post facto challenges against it fail.
SORN Cases Posted: July 21, 2020Doe v. Rausch (E.D. Tenn. 2020)
Federal trial court in the Eastern District of Tennessee finding that Tennessee’s SORA could not be applied retroactively without implicating the Ex Post Facto clause.
SORN Cases Posted: May 16, 2020State v. Trujillo (Ariz. 2020)
Arizona Supreme Court opinion holding that Arizona’s sex offense registration statute is non-punitive and that registration could be required even when facts triggering registration were not proven beyond a reasonable doubt.
SORN Cases Posted: May 15, 2020T.S. v. Pennsylvania State Police (Pa. Commw. Ct. 2020)
Pennsylvania Commonwealth Court opinion holding that Pennsylvania’s post-Muniz sex offense registration law constituted punishment, that thus could not be applied retroactively in the case of someone who committed their offense prior to any sex offense registry law.
SORN Cases Posted: May 12, 2020United States v. Wass (4th Cir. 2020)
4th Circuit Court of Appeals opinion reversing dismissal of federal indictment for failure to register, finding that non-delegation principles were not violated, and that federal SORNA was not puntive.
SORN Cases Posted: March 25, 2020Foley v. State (Tenn. Ct. Crim. App. 2020)
Tennessee Court of Criminal Appeals opinion vacating the guilty plea of the Petitioner who pled guilty as a juvenile to an offense that did not require registration at the time of his plea, but subsequently required registration.
SORN Cases Posted: March 1, 2020Prynne v. Settle (4th Cir. 2021)
4th Circuit Court of Appeals opinion reversing a trial court dismissing Ex Post Facto claims, holding that plaintiff adequately pled Ex Post Facto violations, though affirming the dismissal of other constitutional claims.
SORN Cases Posted: February 25, 2020John Doe et al. v. Richard Snyder (E.D. Mich. 2021)
Federal District Court for the Eastern District of Michigan granting permanent injunction, prohibiting in total the enforcement of any of Michigan’s sex offense registration scheme to anyone who had committed their offenses prior to 2011, as well as prohibiting the enforcement of numerous provisions to any persons required to register.
Residency Cases, SORN Cases Posted: February 14, 2020Reason — Sex Offender Laws Are Broken. These Women Are Working to Fix Them.
By Hallie Lieberman | Feb. 2020 Sandy Rozek is the polar opposite of what comes to mind when you hear the word activist. A 78-year-old great-grandmother and retired high school English teacher who lives in Houston, Rozek is not woke, doesn’t post on Tw …
Civil Commitment News, News and Notes, Residency News, SORN News Posted: January 25, 2020Does v. Abbott et al (5th Cir. 2019)
5th Circuit Court of Appeals opinion affirming the dismissal of constitutional challenge to Texas’ sex offense registration scheme for failure to state a claim on Due Process, Ex Post Facto, 8th Amendment, and Double Jeopardy grounds.
SORN Cases Posted: December 20, 2019Drobec v. Evans (Mn. Dist. Ct. Ramsey County 2019)
Minnesota state district court finding that retroactive application of state’s predatory offender statute violated the presumption against the retroactive application of laws.
SORN Cases Posted: December 4, 2019Maldonado v. Mattingly (W.D.N.Y. 2019)
Federal District Court for the Western District of New York denying summary judgment to state parole defendants over allegations that certain conditions of supervision relating to contact with Plaintiff’s children and ability to attend church services violated his constitutional rights.
SORN Cases Posted: November 6, 2019Commonwealth v. Haines (Pa. Super. 2019)
Pennsylvania Superior Court opinion holding that requiring sex offense registration for individual who committed sexual offenses as a juvenile, but was not convicted until reaching adulthood, was unconstitutional.
SORN Cases Posted: November 1, 2019Commonwealth v. Moore (Pa. Super. 2019)
Pennsylvania Superior Court opinion holding that internet dissemination of sex offender registration information is punitive in effect, and thus retroactive application violates the federal Ex Post Facto clause.
SORN Cases Posted: October 24, 2019WaPo: In Arlington, a judge must decide if a nonviolent sex offender should stay incarcerated after serving his sentence
On Monday, the Circuit Court in liberal Arlington County will be the scene of a heavy-handed morality play, with prosecutors seeking lifelong incarceration for a young gay man who has already paid an extraordinary price for youthful, nonviolent sexual indiscretions. Virginia, like 19 other states and the federal government, has a Sexually Violent Predators Act (SVPA). Under these laws, people who have completed their criminal sentences under any of a large number of sex-related offenses can be indefinitely detained in a high-security facility until the state determines that they no longer present a risk, typically never. …
Civil Commitment News, News and Notes Posted: August 25, 2019Matthew 25 Ministries v. Swearingen (S.D. Fla. 2019)
United States District Court for the Southern District of Florida opinion dismissing with prejudice on the grounds of lack of organizational standing a civil rights lawsuit alleging various constitutional violations of Florida’s sex offense registry.
SORN Cases Posted: August 21, 2019Holland v. Georgia (11th Cir. 2019)
Unpublished 11th Circuit Court of Appeals opinion affirming the district court dismissal of a constitutional challenge to Georgia’s sex offense registry laws, alleging violations of the Ex Post Facto clause, Substantive Due Process, Equal Protection, and violations of the Eighth Amendment.
SORN Cases Posted: August 13, 2019State v. Kirby (Ind. Ct. App. 2019)
Indiana Court of Appeals holding that change in laws that precluded father who was required to register as a sex offender from attending son’s school activities was not unconstitutional as applied.
SORN Cases Posted: June 12, 2019Doe v. Rausch (E.D. Tenn. 2019)
Eastern District of Tennessee federal trial court holding that 2014 amendment to Tennessee’s SORA violated the Ex Post Facto clause.
SORN Cases Posted: May 25, 2019Doe v. Toelke (Mo. 2012)
Missouri Supreme Court opinion reversing a state trial court finding that Missouri’s SORA violated as-applied ex post facto prohibitions.
SORN Cases Posted: April 28, 2019Bostic v. D.C. Housing Authority (D.C. Ct. App. 2017).
District of Columbia Court of Appeals opinion holding that the eviction of an individual who was convicted of a 1982 offense and subject to lifetime registration as a sex offender was proper in that it was not contrary to HUD regulations, and was not otherwise preempted.
Residency Cases, SORN Cases Posted: April 27, 2019CCRC — PA high court will again review sex offender registration
April 9, 2019 | By Aaron Marcus Two years ago, the Pennsylvania Supreme Court shook up long-settled orthodoxy by ruling that the state’s sex offender registration law, otherwise known as SORNA (Sexual Offender Registration and Notification Act) was pun …
News and Notes, SORN News Posted: April 10, 2019Iowa v. Aschbrenner (Iowa 2019)
Iowa Supreme Court Opinion affirming the conviction of Appellant who was charged with violating Internet Identifier reporting requirements over challenges based on Ex Post Facto Clause and First Amendment grounds.
SORN Cases Posted: April 7, 2019Litmon v. Harris (9th Cir. 2014)
9th Circuit Court of Appeals opinion affirming the dismissal of a civil rights lawsuit alleging that California’s “sexually violent predator” designation violated a variety of constitutional rights.
SORN Cases Posted: January 20, 2019Shaw v. Patton (10th Cir. 2016)
10th Circuit opinion rejecting as-applied Ex Post Facto challenge to Oklahoma SORN.
SORN Cases Posted: December 20, 2018State v. Petersen-Beard (Kan. 2016)
Kansas Supreme Court opinion overruling decisions issued the same day, ultimately holding that the Kansas state SORN law was not sufficiently punitive so as to be subject to Ex Post Facto prohibitions.
SORN Cases Posted: December 20, 2018People v. Pepitone (Ill. 2018)
Illinois Supreme Court holding that presence bans for people convicted of sex offenses was not unconstitutional.
SORN Cases Posted: December 19, 2018In re Bethea (N.C. 2017)
North Carolina Court of Appeals holding that refusal of trial court to terminate duty to register did not offend Ex Post Facto principles nor Due Process rights.
SORN Cases Posted: December 19, 2018Doe v. Cuomo (2nd Cir. 2014)
Second Circuit opinion holding that amendments to New York state’s SORN law did not offend various constitutional prohibitions nor constitute breach of plea agreement.
SORN Cases Posted: December 19, 2018Doe v. Anderson (Me. 2015)
Maine Supreme Judicial Court holding that state amendments to SORNA law may have violated constitutional prohibitions against Bills of Attainder.
SORN Cases Posted: December 19, 2018City of Ft. Lauderdale v. Anderson et al., (Broward Co. Ct., Fl. 2018).
Criminal trial court dismissing citations against defendants for violating residential banishment ordinance.
Residency Cases, Sex Offense Litigation and Policy Resource Center Posted: December 19, 2018Bridges v. State (Ind. Ct. App. 2018)
Indiana Court of Appeals affirming trial court denial of motion to dismiss failure to register indictment alleging that provisions of Indiana state law that required tolling of registration requirements during periods of incarceration violated Ex Post Facto provisions.
SORN Cases Posted: November 26, 2018State v. Boyd (Wash. Ct. App. 2017)
Washington Court of Appeals affirming conviction over Ex Post Facto challenge for failure to register where Defendant-Appellant was subject to weekly in-person registration requirements due to homelessness.
SORN Cases Posted: November 26, 2018Vasquez v. Foxx (7th Cir. 2018)
7th Circuit Case affirming dismissal of constitutional claims brought against Illinois’ residence restrictions, inter alia, Ex Post Facto, Takings Clause, and both Substantive and Procedural Due Process arguments.
Residency Cases Posted: November 24, 2018Bakran v. Secretary (3rd Cir. 2018)
3rd Circuit Opinion dismissing plaintiffs claims related to immigration of foreign spouses under the AWA and constitutional claims that AWA infringed on marriage and immigration rights.
SORN Cases Posted: November 24, 2018State v. Wade (Mo. 2013)
Missouri Supreme Court held that state constitutional prohibition against retrospective laws applied only to civil, not criminal laws, therefore presence restrictions applied to people on the registry could be constitutionally applied retroactively.
Residency Cases Posted: August 29, 2018Challenging the Punitiveness of ‘New-Generation’ SORN Laws [Law Review]
Sex offender registration and notification (SORN) laws have been in effect nationwide since the 1990s, and publicly available registries today contain information on hundreds of thousands of individuals. To date, most courts, including the Supreme Court in 2003, have concluded that the laws are regulatory, not punitive, in nature, allowing them to be applied retroactively consistent with the Ex Post Facto Clause. Recently, however, several state supreme courts, as well as the Sixth Circuit Court of Appeals, addressing challenges lodged against new-generation SORN laws of a considerably more onerous and expansive character, have granted relief, concluding that the laws are punitive in effect. This symposium contribution examines these decisions, which are distinct not only for their results, but also for the courts’ decidedly more critical scrutiny of the justifications, purposes, and efficacy of SORN laws. The implications of the latter development in particular could well lay the groundwork for a broader challenge against the laws, including one sounding in substantive due process, which unlike ex post facto-based litigation would affect the viability of SORN vis-à-vis current and future potential registrants.
SORN Secondary Materials Posted: June 29, 2018McGuire v. Strange (M.D. Ala. 2015)
Federal civil rights challenge to Alabama’s SORNA alleging various theories of unconstitutionality. District court held after bench trial that state law violated ex post facto in two respects: requiring weekly, dual in person check ins of homeless people on the registry as well as requiring dual application for travel permits.
Residency Cases, SORN Cases Posted: November 30, 2017United States v. Neel (10th Cir. 2016)
10th Circuit opinion rejecting challenge to federal SORNA alleging violations of Ex Post Facto, nondelegation, and 10th Amendment.
SORN Cases Posted: October 27, 2017State v. Letalien (Maine 2009)
Maine Supreme Judicial Court affirmed trial court dismissal of prosecution for failure to comply with 1999 amendments to state SORN law, pursuant to Ex Post Facto clause.
SORN Cases Posted: October 27, 2017Clark v. Ryan (9th Cir. 2016)
9th Circuit affirmed federal district court dismissal of habeas corpus petition, state court application of Smith v. Doe was not unreasonable in ex post facto challenge.
SORN Cases Posted: October 27, 2017Doe v. Dep’t of Public Safety and Correctional Services (Md. 2013)
State court civil suit, Maryland Court of Appeals held SORN was violation of ex post facto punishments on state constitutional grounds.
SORN Cases Posted: October 27, 2017Hoffman v. Village of Pleasant Prairie (E.D. Wis. 2017)
Civil suit brought by registrants in Wisconsin challenging local residency restrictions. District Court found that the restrictions violated prohibition against ex post facto punishments and equal protection.
Residency Cases Posted: October 27, 2017Doe v. Miami-Dade County (11th Cir. 2017)
11th Circuit reversal of district court dismissal of lawsuit alleging residency restrictions in Miami-Dade county violated prohibitions on retroactive punishment.
Residency Cases Posted: October 27, 2017Doe v. State (N.H. 2015)
As-applied challenge to New Hampshire sex offender registration, alleging due process and ex post facto violations. NH Supreme Court found ex post facto violation, and required hearing to determine dangerousness as a remedy.
SORN Cases Posted: September 19, 2017State v. Doe (Alaska 2008)
Alaska Supreme Court finds, on state constitutional grounds, that state sex offender registration scheme is punitive and cannot be applied retroactively.
SORN Cases Posted: September 19, 2017Doe v. Nebraska (D. Neb. 2012)
Federal civil rights lawsuit where several registrants in Nebraska challenged constitutionality of state laws barring them from social media and requiring provision of internet identifiers. Court struck laws down on various First and Fourteenth Amendment grounds.
SORN Cases Posted: August 22, 2017Does v. Snyder (6th Cir. 2016)
Sixth Circuit Opinion declaring provisions of Michigan’s SORA regime unconstitutional under Ex Post Facto Clause. Opinion notable for its tone, rejection of Smith v. Doe’s assumptions about recidivism, and reliance on scientific evidence.
SORN Cases Posted: August 10, 2017Wallace v. State (Ind. 2009)
Indiana Supreme Court holding that, as applied and on state constitutional grounds, person convicted of sexual offense prior to enactment of registry could not be made to register without offending constitutional prohibitions on retrospective punishment.
SORN Cases Posted: July 26, 2017State v. Pollard (Ind. 2009)
Indiana Supreme Court opinion affirming trial court dismissal of charges against person required to register for violating statewide residence restrictions on state constitutional grounds.
Residency Cases Posted: July 26, 2017Formaro v. Polk County (Iowa 2009)
Iowa Supreme Court affirming judgment of trial court that petition by person on registry seeking declaratory relief that residence restrictions did not apply to him was without merit.
Residency Cases Posted: July 26, 2017Doe v. Bredesen (6th Cir. 2007)
Sixth Circuit Court of Appeals finding that Tennessee’s SORA statute was not unconstitutional Ex Post Facto punishment.
SORN Cases Posted: July 25, 2017Commonwealth v. Baker (Ky. 2009)
Kentucky Supreme Court decision finding that, despite civil intent, residence restrictions were so punitive as to negate civil intent. Thus, their application to persons who had committed their offenses prior to their enactment violated state and federal constitutional prohibitions on ex post facto laws.
Residency Cases Posted: July 25, 2017State v. Zerbe (Ind. 2016)
Indiana Supreme Court holding that application of Indiana’s SORN to individual who had committed an out-of-state offense did not constitute an Ex Post Facto violation.
SORN Cases Posted: June 18, 2016United States v. Felts (6th Cir. 2012)
6th Circuit Opinion holding that duty to register and ability of federal government to prosecute for failing to register is not dependent on state’s compliance with Adam Walsh Act, and that federal SORNA does not violate Ex Post Facto, 10th Amendment, or nondelegation principles.
SORN Cases Posted: March 12, 2012Smith v. Doe (U.S. 2003)
United States Supreme Court Opinion holding that Alaska’s sex offense registry was non-punitive, and thus did not violate Ex Post Facto provisions.
SORN Cases Posted: June 18, 2003Kansas v. Hendricks (1997)
United States Supreme Court decision holding that state civil commitment scheme did not violate Due Process, Ex Post Facto, or Double Jeopardy constitutional provisions.
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