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

Conditions of Release

Litigation and Policy Resource Center

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Search SOLPRC

Recent Cases

  • 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)

  • Commonwealth v. Roderick (Mass. 2022)

  • Lake Naomi Club, Inc. v. Rosado (Pa. Commw. Ct. 2022)

  • State v. Larson (Minn. 2022)

  • Doe as Next Friend of Doe #6 v. Swearingen (11th Cir. 2022)

  • McGuire v. Marshall (11th Cir. 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

Brown v. Maher (N.D.N.Y. 2022)

Posted: May 10, 2022
District Court granting Plaintiff a preliminary injunction where Plaintiff's right to live with his wife and step-children was prohibited by parole conditions preventing him from contacting any person under the age of eighteen, concluding that Plaintiff's right to live with his wife was fundamental, that he was likely to succeed on the merits of his § 1983 due process claim, that he faced a likelihood of irreparable harm, and that the balance of equities and public interest favored issuance of a preliminary injunction.  

Brown v. Maher (N.D.N.Y. 2022)

Category: SORN Cases Tag: Conditions of Release, Due Process, New York

United States v. Wells (9th Cir. 2022)

Posted: April 12, 2022
Ninth Circuit opinion concluding that a waiver of the right to appeal a sentence does not apply to certain constitutional claims and concluding that a special condition of supervised release restricting the possession of a computer, including any electronic device capable of accessing the internet or processing or storing data as described at 18 U.S.C. Section 1030(e)(1), is unconstitutionally vague.

United States v. Wells (9th Cir. 2022)

Category: SORN Cases Tag: 9th Circuit, Conditions of Release, First Amendment, Unconstitutionally Vague

United States v. Englehart (10th Cir. 2022)

Posted: February 4, 2022
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.

United States v. Englehart (10th Cir. 2022)

Category: SORN Cases Tag: 10th Cir., Conditions of Release, First Amendment

State v. Strudwick (N.C. 2021)

Posted: December 7, 2021
North Carolina Supreme Court opinion holding that lifetime Satellite Based Monitoring is reasonable and permissible under the Fourth Amendment because it promotes a legitimate and compelling governmental interest that outweighs the program's "narrow, tailored intrusion" into defendant's expectation of privacy.

State v. Strudwick (N.C. 2021)

Category: SORN Cases Tag: Conditions of Release, Fourth Amendment, North Carolina, SBM

State v. Hilton (N.C. 2021)

Posted: November 2, 2021
Supreme Court of North Carolina opinion holding in a case of first impression that lifetime satellite-based monitoring (SBM) based on Defendant's status as an aggravated sex offender was reasonable under the Fourth Amendment.

State v. Hilton (N.C. 2021)

Category: SORN Cases Tag: 4th Amendment, Conditions of Release, North Carolina, Supervised Release

United States v. Goodpasture (7th Cir. 2021)

Posted: November 2, 2021
Seventh Circuit Court of Appeals nonprecedential opinion vacating in part the district court's imposition of special conditions of supervised release concluding that the district court did not adequately justify restrictions on computer and internet use.

United States v. Goodpasture (7th Cir. 2021)

Category: SORN Cases Tag: 7th Cir., Conditions of Release, Internet Restrictions, Supervised Release

People v. Landis (Colo. Ct. App. 2021)

Posted: July 22, 2021
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.

People v. Landis (Colo. Ct. App. 2021)

Category: SORN Cases Tag: 10th Cir., Colorado, Conditions of Release, First Amendment, Internet Restrictions

United States v. Clemens (8th Cir. 2021)

Posted: March 13, 2021
8th Circuit Court of Appeals opinion affirming a defendant's liability for the full amount of a victim's losses in a child pornography offense--regardless as to whether those losses were incurred prior to the defendant's conduct--as well as a condition of supervised release prohibiting the possession of adult pornography.

United States v. Clemens (8th Cir. 2021)

Category: SORN Cases Tag: 8th Cir., Conditions of Release, First Amendment, Restitution, Void-for-Vagueness

United States v. Sorenson (8th Cir. 2021)

Posted: February 19, 2021
8th Circuit Court of Appeals opinion holding that the trial court did not abuse its discretion in imposing a variety of supervised release conditions on a defendant who was convicted of failing to register under federal law.

United States v. Sorenson (8th Cir. 2021)

Category: SORN Cases Tag: 8th Cir., Conditions of Release

United States v. Hamilton (4th Cir. 2021)

Posted: January 22, 2021
Fourth Circuit Court of Appeals opinion vacating lifetime supervised release conditions relating to employment where there was no connection between employment and the offense of conviction, but upholding two other conditions related to internet use and presence restrictions.

United States v. Hamilton (4th Cir. 2021)

Category: SORN Cases Tag: 4th Cir., Conditions of Release, Internet Restrictions, Presence Restrictions

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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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