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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

SORN Cases

Litigation and Policy Resource Center

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Search SOLPRC

Recent Cases

  • People v. Superior Court of Santa Cruz County (Cal. Ct. App. 2023)

  • North Carolina v. Lamp (N.C. 2022)

  • Matter of Stevens (Wash. 2022)

  • People v. Talluto (N.Y. 2022)

  • United States v. Navarro (5th Cir. 2022)

  • 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)

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


Valenti v. Lawson (7th Cir. 2018)

7th Circuit Court of Appeals affirming the dismissal of a civil rights suit alleging that Indiana infringed on Appellant’s voting rights, where he was precluded from entering onto school property–the location of his polling place.

United States v. Holcombe (2nd Cir. 2018)

2nd Circuit Court of Appeals opinion holding that federal SORNA was not void for vagueness and did not impermissibly burden right to engage in travel.

United States v. Shepherd (5th Cir. 2018)

5th Circuit Court of Appeals opinion holding that appellant’s guilty plea for failing to register as a sex offender was not voluntary on the grounds that his attorney was ineffective.

Doe v. Tilley (E.D. Ky. 2017)

Federal civil rights lawsuit striking down Kentucky state social media ban and internet identifier registration requirements.

United States v. Rock (D.C. Cir. 2017)

Criminal appeal, federal supervised release conditions related to physiological testing and notifying about new romantic relationships vacated

United States v. Malenya (D.C. Cir. 2013)

D.C. Circuit Court of Appeals opinion reversing imposition of conditions of supervised release which, amongst others, prohibited defendant from using or possessing a computer or accessing any online service without prior approval.

State v. Cornell (Vt. 2016)

Vermont Supreme Court reversal finding varied conditions of probation were overbroad and invalid.

J.I. v. New Jersey State Parole Board (N.J. 2017)

New Jersey Supreme Court reversal of parole boards imposition of condition that registrant was banned from using internet-capable devices.

Bennett v. Bigelow (Utah 2016)

Utah Supreme Court holding that threat of revocation of supervision for failing to comply with polygraph requirements in treatment program implicated Fifth Amendment interests.

United States v. Neel (10th Cir. 2016)

10th Circuit opinion rejecting challenge to federal SORNA alleging violations of Ex Post Facto, nondelegation, and 10th Amendment.

State 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.

Clark 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.

Doe 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.

State v. Williams (Ohio 2011)

Ohio Supreme Court found, on state constitutional grounds, that SORN as applied to defendant was a violation against prohibition on retroactive punishments.

In re J.B. (Pa. 2014)

Pennsylvania Supreme Court held that as applied to juveniles, SORN scheme was unconstitutional in that it deprived them of due process rights.

In re CP (Ohio 2012)

Ohio Supreme Court declared unconstitutional automatic, lifetime registration for juveniles under both state and federal constitutional prohibitions against cruel and unusual punishment as well as denial of due process.

People v. Minnis (Ill. 2016)

Illinois Supreme Court reversed trial court finding that state statute requiring registration of online identifiers was unconstitutional under the First Amendment.

Doe v. Harris (9th Cir. 2014)

Federal civil rights case declaring unconstitutional provisions of California law that required registrants to disclose internet identifiers used and report any changes to them.

Doe v. Cooper (4th Cir. 2016)

4th Circuit affirmation of district court finding that North Carolina presence restrictions were unconstitutional on First and Fourteenth Amendment grounds.

State v. Bani (Haw. 2001)

Hawaii Supreme Court holding that public notification provisions of state registry violate state constitutional Due Process protections.

Doe v. Sex Offender Registry Board (Mass. 2015)

Supreme Judicial Court of Massachusetts found that preponderance of the evidence standard no longer sufficed for comporting with Due Process for tiering of sex offenders, clear and convincing standard would be required.

Starkey v. Oklahoma Department of Corrections (Okla. 2013)

Oklahoma Supreme Court decides on state constitutional grounds that SOR is a punishment, cannot be applied retroactively.

Doe 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.

State 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.

Doe 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.

Does 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.

Commonwealth v. Muniz (Pa. 2017)

Pennsylvania Supreme Court holding that, under both state and federal constitutions, PAs SORA statutory scheme amounted to punishment and could not be applied retroactively.

A.W. by and through Doe v. State (8th Cir. 2017)

Eighth Circuit holding that Nebraska’s SORA statutes requiring registration of anyone required to register in other states did not apply to juvenile required to register in Minnesota as a result of juvenile adjudication as a delinquent.

Wallace 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.

U.S. v. Kebodeaux (US 2013)

United States Supreme Court holding that SORN’s registration requirements authorized by Military Regulation Clause as well as Necessary and Proper Clause of federal Constitution.

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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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