South Carolina Supreme Court Opinion holding that lifetime registration without an opportunity to review one's risk of re-offense violates Due Process.
Powell v. Keel (S.C. 2021)
Posted: June 11, 2021
Menges v. Knudson (D. Mont. 2021)
Posted: May 16, 2021
Federal trial court opinion finding that Montana's requirement that a plaintiff register as a sex offender for engaging in consensual sex with another male violates Equal Protection, Due Process, and privacy rights under the Montana constitution.
Thomas v. Blocker (CA3 2020, M.D. Pa. 2021)
Posted: April 14, 2021
Federal district court, following remand from court of appeals, granting defendants' motion for summary judgment on claims that Pennsylvania's SORNA violated Due Process & Ex Post Facto constitutional provisions, in addition to retaliation and defamation claims.
Doe v. Peterson (D. Neb. 2021)
Posted: March 24, 2021
Federal district court opinion finding no constitutional violation with regard to Nebraska requiring juveniles adjudicated out of state and registered privately in their respective states to be placed on Nebraska's public registry upon moving there.
In re Quillen (Kan. 2021)
Posted: March 15, 2021
Kansas Supreme Court opinion reversing a lower court holding that jury instructions in a SVP transitional release trial were not sufficient to comport with Due Process.
State v. Jendusa (Wis. 2021)
Posted: March 11, 2021
Wisconsin Supreme Court opinion holding that a database maintained by the state DOC of recidivism rates is discoverable under state discovery statutes in a SVP proceeding.
Farrara v. Commonwealth (Va. 2021)
Posted: March 1, 2021
Virginia Supreme Court opinion holding that a trial court in a SVP commitment proceeding committed harmless error when it excluded proposed evidence from a respondent where the respondent failed to cooperate with a state examiner in the proceeding.
United States v. Rogers (1st Cir. 2021)
Posted: February 25, 2021
1st Circuit Court of Appeals opinion holding that mandatory polygraphs imposed as a condition of treatment do not violate the Fifth Amendment so long as revocations do not arise solely from failing polygraphs or from invoking Fifth Amendment rights. Additionally, the Court held that Appellant's suspension from treatment for violating terms of his release did not violate Due Process.
State v. Genson (Kan. Ct. App. 2020)
Posted: December 20, 2020
Kansas Court of Appeals opinion holding that violations of the Kansas Offender Registration Act are strict liability and do not violate substantive due process.
Johnson v. Superintendent (N.Y. 2020)
Posted: November 24, 2020
New York Court of Appeals opinion holding that New York's practice of imprisoning some individuals convicted of sex offenses past dates they would otherwise be released for want of legal housing was not unconstitutional.