Kansas Court of Appeals opinion reversing the dismissal of an SVP petition where expert evaluators disagreed as to whether the Appellee met the statutory criteria for commitment.
Kansas Supreme Court opinion reversing a lower court holding that jury instructions in a SVP transitional release trial were not sufficient to comport with Due Process.
Tenth Circuit opinion affirming district court decision denying petition for writ of habeas corpus by state prisoner serving indeterminate sentence of one year to life under Colorado Sex Offenders Act.
Tenth Circuit opinion vacating a lower court order imposing conditions of supervision including a revised Sexual Material Prohibition and a Mental Health Condition, concluding that the lower court (1) failed to make particularized findings of compelling circumstances and balance competing First Amendment concerns with respect to the revised Sexual Material Prohibition, and (2) failed to give even a generalized statement of reasons to justify the Mental Health Condition.
Colorado Court of Appeals opinion holding that internet and social media restrictions imposed as a condition of supervision for a sex offense do not offend the First Amendment or Colorado statutory scheme.
Colorado Supreme Court opinion affirming in part the decision of the Colorado Court of Appeals holding that mandatory lifetime juvenile sex offense registration is unconstitutional under the Eighth Amendment.
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.
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.
Kansas Court of Appeals opinion holding that violations of the Kansas Offender Registration Act are strict liability and do not violate substantive due process.