Bohn v. Cook (D. Conn. 2019)
District Court for Connecticut declining to dismiss a prisoner’s § 1983 suit alleging violations of Procedural Due Process, where he was assigned a sex offender risk score without a hearing, and was not incarcerated for a sex offense.
Demus v. State (Fla. Dist. Ct. App. 2019)
Florida District Court of Appeal reversing conviction for failure to register as a sex offender on the grounds that state prosecutors never established elements of the offense.
State v. Straw (Ind. Ct. App. 2019)
Indiana Court of Appeals reversing trial court ordering Appellant to register as a sex offender when the Indiana legislature had not specified his crime as one which carries registration as a possible consequence.
Clark v. Oklahoma (10th Cir. 2019)
10th Circuit Court of Appeals denying COA on the argument that registration constitutes custody for habeas corpus purposes.
Wiggins v. United States (S.D. Ind. 2019)
Federal trial court dismissing request to reduce registration time under federal SORNA on the basis that the court lacks subject matter jurisdiction, and that the federal statute does not create a private right of action.
Ferguson v. Mississippi Dep’t Pub. Safety (Miss. 2019)
Mississippi Supreme Court opinion holding that, under Mississippi state law, a misdemeanor expungement for a sex offense does not relieve an individual of the obligation to register as a sex offender.
Minter v. Bartruff (8th Cir. 2019)
8th Circuit Court of Appeals reversing the decision of the trial court, which had dismissed a federal civil rights lawsuit filed by Iowa inmates alleging constitutional and statutory violations attributable to Iowa’s sex offender treatment program.
United States v. Park (D.C. Cir. 2019)
Circuit Court of Appeals for the District of Columbia reversing a federal trial court dismissal of a PROTECT Act indictment, finding that the PROTECT Act was a lawful exercise of cogressional authority under the treaty power and the Foreign Commerce Clause.
State v. Perez-Medina (Kan. 2019)
Divided Kansas Supreme Court opinion affirming lower courts’ findings that Kansas’ registration scheme was non-punitive in the context of a violent, non-sexual offense.
Jones v. County of Suffolk et al. (2nd Cir. 2019)
2nd Circuit Court of Appeals affirming a federal trial court’s finding that even if Plaintiff was “seized” during verification visits by contract employees of the state (Parents for Megan’s Law), that the seizure was not unreasonable in light of the application of the special needs doctrine.
Holste v. State (Utah 2019)
Utah Supreme Court opinion finding that an out-of-state guilty plea in exchange for a withheld adjudication qualified as a conviction that required registration under Utah state law.
Matthew 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.
State v. Grady (N.C. 2019)
North Carolina Supreme Court opinion holding that imposition of mandatory, lifetime GPS monitoring imposed on individuals who North Carolina classified as recidivist offenders and who were no longer under state criminal supervision was a violation of the Fourth Amendment.
Holland 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.
Bailey v. Commonwealth (Va. Ct. App. 2019)
Virginia Court of Appeals affirming conviction and upholding state law that required registration of internet identifiers.
United States v. Walker (7th Cir. 2019)
7th Circuit Court of Appeals Opinion reversing the denial of a motion to dismiss a failure to register indictment as Appellant’s requirement to register had already expired under federal law.
United States v. Haymond (U.S. 2019)
United States Supreme Court opinion holding unconstitutional a provision of federal law that mandated imprisonment for preponderance findings that new crimes had been committed while on supervised release.
Gundy v. United States (U.S. 2019)
United States Supreme Court opinion holding that federal SORNA does not violate principles of non-delegation with respect to its application to people who had committed their offenses prior to its enactment.
Yunus v. Robinson (S.D.N.Y. 2019)
Federal trial court in Southern District of New York granting preliminary injunction halting imposition of sex offense registry and parole requirements in case of plaintiff who committed no sexual offense.
United States v. Carson (8th Cir. 2019)
8th Circuit opinion affirming imposition of social media-related restrictions for individual on federal supervised release.
United States v. Eaglin (2nd Cir. 2019)
2nd Circuit Court of Appeals decision reversing trial court imposing internet ban and prohibition on viewing pornography as substantively unreasonable conditions of federal supervised release.
Doe v. Dep’t of Public Safety (Alaska 2019)
Alaska Supreme Court opinion holding that requiring sex offense registration without providing individuals with an opportunity to rebut a presumption of dangerousness violated state constitutional Due Process protections regarding privacy.
United States v. Templin (D. Mont. 2019)
Federal trial court in Montana holding that while the court had the authority to terminate defendant’s obligation to register as a sex offender under federal law, he would have to seek relief in state court to deregister under Montana’s laws.Mon
State 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.
People v. Diaz (N.Y. 2018)
New York Court of Appeals holding that individual who was not a “sex offender” in another state, but nevertheless required to register there, did not have to register in New York state.
People ex rel Negron v. Superintendent (N.Y. App. Div. 3rd 2019)
New York Supreme Court, Appellate Division, holding that SARA-related housing restrictions did not apply to individual who was serving a sentence for a non-sexual offense.
Mohamed v. Holder (4th Cir. 2014)
4th Circuit Court of Appeals holding that failing to register as a sex offender does not constitute a “crime involving moral turpitude” for immigration and removal purposes.
Moe v. Sex Offender Registry Board (Mass. 2014)
Supreme Judicial Court of Massachusetts holding that amendments to law altering classification could not constitutionally apply retroactively to certain individuals who were classified as “level two” offenders prior to enactment.
Gonzalez v. Duncan (9th Cir. 2008)
9th Circuit Court of Appeals reversing the denial of an Eighth Amendment challenge to a “third strike” California sentence for failing to register as a sex offender.
Meza v. Livingston (5th Cir. 2010)
Fifth Circuit Court of Appeals affirming that sex offender registration implicates a protected liberty interest and that Due Process is violated when someone not convicted of a sex offense is required to register as a sex offender without a hearing and other protections.