Montana Supreme Court opinion reversing a trial court's imposition of conditions of supervision restricting internet access, where the underlying offense had no nexus with the internet.
State v. Hotchkiss (Mont. 2020)
Posted: November 2, 2020
United States v. Tullie (9th Cir. 2020)
Posted: June 20, 2020
9th Circuit Opinion affirming and vacating in part conditions of supervised release that were imposed by the district court related to treatment and employment subsequent to a conviction for a sex offense.
State v. Beam (Mont. 2020)
Posted: June 15, 2020
Montana Supreme Court Opinion reversing the trial court's decision to revoke a suspended sentence for failing to complete a treatment program in prison when the original sentence did not specify that was a requirement.
United States v. Donk (4th Cir. 2020)
Posted: June 15, 2020
4th Circuit Court of Appeals affirming a condition of supervised release, based on individualized circumstances, prohibiting the Appellant from possessing sexually arousing materials.
United States v. Herndon (5th Cir. 2020)
Posted: March 25, 2020
5th Circuit Court of Appeals vacating various conditions of supervised release imposing bans on internet access, computer use, and other activities and remanding for re-sentencing.
United States v. Arbaugh (4th Cir. 2020)
Posted: February 25, 2020
4th Circuirt Court of Appeals opinion affirming in part a federal sentence for engaging in illicit sexual conduct with a minor in a foreign country, but reversing in part on the grounds that the district court failed to articulate reasons supporting computer-related conditions of supervised release.
United States v. Belcher (11th Cir. 2020)
Posted: February 15, 2020
11th Circuit Court of Appeals opinion affirming the district court's imposition of various computer-related restrictions of supervised release on an individual who was not on supervision for a sex offense, but had a past conviction for a sex offense.
State v. Bouchard (Vt. 2020)
Posted: January 30, 2020
Vermont Supreme Court striking down several conditions of supervision for individual who had pled guilty to a sex offense, including prohibitions related to possession of pornography, warrantless search and computer monitoring.
United States v. Kosier (D. N.M. 2019)
Posted: December 17, 2019
District Court for New Mexico opinion finding that, in the context of a federal sentencing for a non-sex offense, the government could not impose sex offender conditions of release on the Defendant where the offense of instant conviction was not a sex offense and his only sex offense was more than ten years old.
Fazili v. Commonwealth (Va. Ct. App. 2019)
Posted: December 9, 2019
Virginia Court of Appeals reversing trial court's imposition of general internet usage restriction as a condition of probation without articulating why such a condition would be narrowly tailored.