Mitchell Hamline School of Law
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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

1st Cir.

Litigation and Policy Resource Center

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Recent Cases

  • United State v. Helton (4th Cir. 2019)

  • Fazili v. Commonwealth (Va. Ct. App. 2019)

  • State v. Hoyle (W.Va. 2019)

  • Frederickson v. Landeros (7th Cir. 2019)

  • People v. Morger (Ill. 2019)

  • Does v. City of San Diego (S.D. Cal. 2019)

  • People v. Buyund (N.Y. App. Div. 2nd 2019)

  • Jackson v. United States (11th Cir. 2019)

  • Steinman v. Blocker (Pa. Commw. Ct. 2019)

  • People v. Superior Court (Cal. Ct. App. 2019)

Contact Information

Sex Offense Litigation and Policy Resource Center

875 Summit Avenue
Saint Paul, MN 55105

Professor Eric Janus, Director

eric.janus@mitchellhamline.edu

Guy Hamilton-Smith, Legal Fellow

guy.hamiltonsmith@mitchellhamline.edu

Commonwealth v. Vieira (Mass. 2019)

Posted: October 23, 2019
Massachusetts Supreme Judicial Court opinion affirming the denial of state's request for mandatory pretrial detention of defendant who had been charged with statutory rape offense.

Commonwealth v. Vieira (Mass. 2019)

Category: SORN Cases Tag: 1st Cir., Bail, Massachusetts

In re Chapman (Mass. 2019)

Posted: June 11, 2019
Supreme Judicial Court of Massachusetts Opinion holding that individual who state alleges meets the criteria for an SVP, but whom neither examiner concludes is an SVP, is entitled to release pending trial.

In re Chapman (Mass. 2019)

Category: Civil Commitment Cases Tag: 1st Cir., Massachusetts, SVP

Commonwealth v. Wilmer (Mass. 2018)

Posted: April 28, 2019
Massachusetts Supreme Judicial Court reversing a decision of the trial court which found that two convictions arising from the same proceeding required sex offense registration.

Commonwealth v. Wilmer (Mass. 2018)

Category: SORN Cases Tag: 1st Cir., Massachusetts, Second / Subsequent Offense

Commonwealth v. Feliz (Mass. 2019).

Posted: April 10, 2019
Supreme Judicial Court of Massachusetts holding that state statute requiring the imposition of GPS monitoring as a condition of probation was unconstitutional in the context of the case of an individual who was convicted of non-contact sexual offenses.

Commonwealth v. Feliz (Mass. 2019).

Category: SORN Cases Tag: 1st Cir., 4th Amendment, GPS, Massachusetts

Healey v. Spencer (1st Cir. 2014)

Posted: January 20, 2019
1st Circuit Court of Appeals case affirming in part and reversing in part complex litigation involving Massachusetts Treatment Center, finding no Due Process violations in Appelants cases.

Healey v. Spencer (1st Cir. 2014)

Category: Civil Commitment Cases Tag: 1st Cir., Substantive Due Process, Treatment Programs

Noe v. SORB (Mass. 2018)

Posted: December 19, 2018
Massachusetts SJC case holding that, at reclassification hearings, burden of proof is with the government to establish that current classification is correct.

Noe v. SORB (Mass. 2018)

Category: SORN Cases Tag: 1st Cir., Massachusetts, Procedural Due Process, Tiering / Classification

Doe v. SORB (Mass. 2018)

Posted: December 19, 2018
Massachusetts SJC holding that burden of proof to establish continued appropriateness of duty to register must remain with the government to comport with Due Process in classification proceedings.

Doe v. SORB (Mass. 2018)

Category: SORN Cases Tag: 1st Cir., Burden of Proof, Massachusetts, Procedural Due Process, Tiering / Classification

Doe v. City of Lynn (Mass. 2015)

Posted: December 19, 2018
Massachusetts Supreme Judicial Court ruling that residential banishment law for those convicted of sex offenses that was enacted by city was effectively preempted under Massachusetts Home Rule amendment.

Doe v. City of Lynn (Mass. 2015)

Category: Residency Cases Tag: 1st Cir., Massachusetts, Preemption, Residential Banishment

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

Posted: October 27, 2017
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.

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

Category: Sex Offense Litigation and Policy Resource Center, SORN Cases Tag: 1st Cir., Due Process, Massachusetts, Tiering / Classification

Doe v. State (N.H. 2015)

Posted: September 19, 2017
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.

Doe v. State (N.H. 2015)

Category: SORN Cases Tag: 1st Cir., As-Applied, Due Process, Ex Post Facto, New Hampshire

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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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