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.
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.
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.
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.
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.
Seventh Circuit Court of Appeals nonprecedential opinion vacating in part the district court's imposition of special conditions of supervised release concluding that the district court did not adequately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.
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.
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.
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.
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.