Mitchell Hamline School of Law

Sex Offense Litigation and Policy Resource Center

Conditions of Release

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)

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)

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)

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)

Topics

Jurisdiction

Constitutional Issues

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