Mitchell Hamline School of Law

Sex Offense Litigation and Policy Resource Center

Ex Post Facto

McGuire v. Marshall (11th Cir. 2022)

Posted: November 17, 2022
Eleventh Circuit per curiam opinion rejecting plaintiff-appellant's Ex Post Facto challenge and concluding that the provisions of Alabama's sex offense registration law at issue, including residency and employment restrictions, homeless-reporting requirements, travel notification requirements, and direct community notification requirements, were not punitive in effect. 

McGuire v. Marshall (11th Cir. 2022)

Does #1-9 v. Lee (M.D. Tenn. 2021)

Posted: December 7, 2021
Middle District of Tennessee opinion granting a preliminary injunction preventing enforcement of Tennessee's registration act against plaintiffs whose respective offenses were committed prior to enactment of the registration scheme, noting that well established Sixth Circuit precedent supports the conclusion that ex post facto application of Tennessee's registration statute is unconstitutional.

Does #1-9 v. Lee (M.D. Tenn. 2021)

Frank A. v. Donnie Ames (W. Va. 2021)

Posted: December 7, 2021
West Virginia Supreme Court of Appeals opinion holding that any retroactive application of supervised release statute, West Virginia Code § 62-12-26, to an individual who committed any of the enumerated sex offenses prior to the effective date of the statute violates state and federal constitutional prohibitions against ex post facto laws.

Frank A. v. Donnie Ames (W. Va. 2021)

Hope et al. v. Commissioner (7th Cir. 2021)

Posted: August 17, 2021
7th Circuit Court of Appeals opinion holding that Indiana's practice of requiring registration of individuals who committed offenses prior to the enactment of their registration law, but moved to Indiana subsequent to the enactment of the law, does not violate the constitutional right to travel.

Hope et al. v. Commissioner (7th 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 Voting Rights