Due Process – Page 4

State v. Allen (Tenn. 2020)

Posted: January 30, 2020

Tennessee Supreme Court decision holding that trial court was without jurisdiction to modify order dismissing indictments for failure to register, and further commented on lack of apparent Due Process protections in Tennessee's statutory scheme.

State v. Allen (Tenn. 2020)

In re Sigler (Kan. 2019)

Posted: September 6, 2019

Kansas Supreme Court affirming the commitment of an individual who was the subject of a second SVP petition in the wake of technical violations of his supervision, rejecting res judicata, collateral estoppel and Due Process arguments.

In re Sigler (Kan. 2019)

Thomas v. Commonwealth (Va. 2019)

Posted: June 29, 2019

Virginia Supreme Court holding that Due Process does not require the state appoint expert witnesses for indigent respondents in the context of SVP hearings.

Thomas v. Commonwealth (Va. 2019)

Doe v. Dep’t of Public Safety (Alaska 2019)

Posted: June 17, 2019

Alaska Supreme Court opinion holding that requiring sex offense registration without providing individuals with an opportunity to rebut a presumption of dangerousness violated state constitutional Due Process protections regarding privacy.

Doe v. Dep’t of Public Safety (Alaska 2019)

United States v. Comstock (4th Cir. 2010)

Posted: July 2, 2018

After remand from Supreme Court, Fourth Circuit addresses Due Process challenge to civil commitment evidentiary standard, holding that it is not unconstitutional in light of prior decisions distinguishing civil and criminal proceedings.

United States v. Comstock (4th Cir. 2010)

Ireland v. Anderson (D.N.D. 2017)

Posted: November 30, 2017

Several individuals confined to North Dakota's hospital as sexually dangerous individuals filed § 1983 suit alleging various unconstitutional violations. In ongoing litigation, District Court has thus far ruled that state statutory scheme is facially unconstitutional in that it placed no affirmative duty on state authorities to discharge those who no longer met criteria.

Ireland v. Anderson (D.N.D. 2017)

In re J.B. (Pa. 2014)

Posted: October 27, 2017

Pennsylvania Supreme Court held that as applied to juveniles, SORN scheme was unconstitutional in that it deprived them of due process rights.

In re J.B. (Pa. 2014)

In re CP (Ohio 2012)

Posted: October 27, 2017

Ohio Supreme Court declared unconstitutional automatic, lifetime registration for juveniles under both state and federal constitutional prohibitions against cruel and unusual punishment as well as denial of due process.

In re CP (Ohio 2012)

Doe v. Sex Offender Registry Board (Mass. 2015)

Posted: October 27, 2017

Supreme Judicial Court of Massachusetts found that preponderance of the evidence standard no longer sufficed for comporting with Due Process for tiering of sex offenders, clear and convincing standard would be required.

Doe v. Sex Offender Registry Board (Mass. 2015)

Doe v. State (N.H. 2015)

Posted: September 19, 2017

As-applied challenge to New Hampshire sex offender registration, alleging due process and ex post facto violations. NH Supreme Court found ex post facto violation, and required hearing to determine dangerousness as a remedy.

Doe v. State (N.H. 2015)

« Previous 1 2 3 4 5 Next »

State v. Allen (Tenn. 2020)

In re Sigler (Kan. 2019)

Thomas v. Commonwealth (Va. 2019)

Doe v. Dep’t of Public Safety (Alaska 2019)

United States v. Comstock (4th Cir. 2010)

Ireland v. Anderson (D.N.D. 2017)

In re J.B. (Pa. 2014)

In re CP (Ohio 2012)

Doe v. Sex Offender Registry Board (Mass. 2015)

Doe v. State (N.H. 2015)

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