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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

Due Process

Litigation and Policy Resource Center

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Search SOLPRC

Recent Cases

  • People v. Superior Court of Santa Cruz County (Cal. Ct. App. 2023)

  • North Carolina v. Lamp (N.C. 2022)

  • Matter of Stevens (Wash. 2022)

  • People v. Talluto (N.Y. 2022)

  • United States v. Navarro (5th Cir. 2022)

  • McDeid v. Johnston (Minn. 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)

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

Doe v. Department of Justice (C.D. Cal. 2023)

Posted: February 1, 2023
California District Court order granting a preliminary injunction, enjoining the federal government from prosecuting California residents under 18 U.S.C. § 2250 for a violation of SORNA without first obtaining certification from the State of California that the individual was required to register under California state law, and, in a prosecution for a failure to provide specific required information, that California law allows the individual to furnish that information to state authorities.

Doe v. Department of Justice (C.D. Cal. 2023)

Category: SORN Cases Tag: California, Due Process, SORNA

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

Gamble v. Minnesota State-Operated Services (8th Cir. 2022)

Posted: May 10, 2022
Eighth Circuit opinion in a Fair Labor Standards Act (FLSA) case affirming district court holding and concluding that civil committees in Minnesota's sex offense civil commitment program participating in a vocational work program are not employees as defined by the FLSA.

Gamble v. Minnesota State-Operated Services (8th Cir. 2022)

Category: Civil Commitment Cases Tag: Due Process, Minnesota

People v. Jackson (Cal. Ct. App. 2022)

Posted: March 5, 2022
California Court of Appeal decision reversing and remanding trial court in an involuntary commitment SVPA case, holding that exclusion of critical defense expert testimony to rebut the prosecution's two expert witnesses deprived Appellant of a fair trial.

People v. Jackson (Cal. Ct. App. 2022)

Category: Civil Commitment Cases Tag: California, Due Process, Expert Witness, SVP

Bomgaars v. State of Iowa (Iowa 2021)

Posted: December 6, 2021
Iowa Supreme Court opinion holding that although inmates have a liberty interest in parole, the state is not violating inmates' right to due process by delaying sex offense treatment that must completed to be meaningfully considered for parole. The opinion states that the Iowa Department of Corrections has acted reasonably in attempting to address the fact there are too many individuals convicted of sex offenses in the system to provide treatment on a timely basis.

Bomgaars v. State of Iowa (Iowa 2021)

Category: SORN Cases Tag: Due Process, Iowa, Parole, Treatment

Wimberly v. Williams (10th Cir. 2021)

Posted: November 3, 2021
Tenth Circuit opinion affirming district court decision denying petition for writ of habeas corpus by state prisoner serving indeterminate sentence of one year to life under Colorado Sex Offenders Act.

Wimberly v. Williams (10th Cir. 2021)

Category: Civil Commitment Cases Tag: 10th Cir., Civil Commitment, Due Process, Equal Protection

Doe v. Wasden (D. Idaho 2021)

Posted: November 3, 2021
District of Idaho opinion granting a preliminary injunction preventing the state from forcing Plaintiffs to register as sex offenders based on Plaintiffs' pre-Lawrence v. Texas convictions for violating state Crime Against Nature statutes.

Doe v. Wasden (D. Idaho 2021)

Category: SORN Cases Tag: 9th Cir., Due Process, Equal Protection, Idaho, Void-for-Vagueness

Howe v. Godinez (S.D. Ill. 2021)

Posted: November 3, 2021
Southern District of Illinois opinion finding that systemic failures to provide adequate mental health treatment at Big Muddy River Correctional Center’s Sexually Dangerous Persons Program resulted in Plaintiffs’ detainment “without real hope of release” and deprived Plaintiffs of due process in violation of the Fourteenth Amendment.

Howe v. Godinez (S.D. Ill. 2021)

Category: Civil Commitment Cases Tag: 7th Cir., Civil Commitment, Due Process, Fourteenth Amendment, Section 1983

In re Griffin (S.C. Ct. App. 2021)

Posted: July 25, 2021
South Carolina Court of Appeals opinion holding that a competency evaluation is not a requirement of Due Process in the context of state SVP proceedings.

In re Griffin (S.C. Ct. App. 2021)

Category: Civil Commitment Cases Tag: 4th Cir., Due Process, South Carolina

Desper v. Clarke (4th Cir. 2021)

Posted: June 16, 2021
4th Circuit Court of Appeals opinion affirming the lower court dismissal of a lawsuit brought by an individual incarcerated on a sex offense who sued alleging that Department of Corrections Regulations that resulted in him being denied in-person visitation with his minor daughter violated Equal Protection and Due Process.

Desper v. Clarke (4th Cir. 2021)

Category: SORN Cases Tag: 4th Cir., Conditions of Confinement, Due Process, Equal Protection, Procedural Due Process, Substantive Due Process, Virginia, Visitation

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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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