4th Circuit affirmation of district court finding that North Carolina presence restrictions were unconstitutional on First and Fourteenth Amendment grounds.
Hawaii Supreme Court holding that public notification provisions of state registry violate state constitutional Due Process protections.
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.
Oklahoma Supreme Court decides on state constitutional grounds that SOR is a punishment, cannot be applied retroactively.
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.
Alaska Supreme Court finds, on state constitutional grounds, that state sex offender registration scheme is punitive and cannot be applied retroactively.
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.
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.
Pennsylvania Supreme Court holding that, under both state and federal constitutions, PAs SORA statutory scheme amounted to punishment and could not be applied retroactively.
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.
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.
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.
Sixth Circuit Court of Appeals finding that Tennessee’s SORA statute was not unconstitutional Ex Post Facto punishment.
US Supreme Court decision declaring unconstitutional social media ban targeting people listed on sex offense registry.
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.
Virginia Supreme Court opinion holding that subsequent changes to state law reclassifying plaintiff’s offense as “sexually violent” did not breach provisions or plea agreement or constitutional protections.
South Carolina Supreme Court reversing conviction for failing to register as a sex offender where evidence was not sufficient to demonstrate actual notice in change of registration law.
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.
7th Circuit Court of Appeals opinion affirming trial court’s dismissal of civil rights lawsuit alleging violations of Full Faith and Credit, where Illinois required Appellant to register as a sex offender on the basis of an out-of-state offense where registration was not contemplated.
Utah Supreme Court opinion holding that publication of information related to “primary” and “secondary” targets implied that an individual was currently dangerous, and thus a hearing was required to comport with procedural Due Process.