District Court opinion holding that Tennessee's sex offense registry is punitive in nature and so retroactive application of amendments would violate the Ex Post Facto Clause.
Does #1-9 v. Lee (M.D. Tenn. 2023)
Posted: June 29, 2023
People ex rel. Rivera v. Superintendent, Woodbourne Correctional Facility (N.Y. 2023)
Posted: June 29, 2023
New York Court of Appeals opinion holding that retroactive application of SARA's “school grounds condition” resulting in the indefinite detention of individuals who cannot find SARA-compliant housing did not facially violate Ex Post Facto Clause.
People ex rel. Rivera v. Superintendent, Woodbourne Correctional Facility (N.Y. 2023)
Montana v. Hinman (Mont. 2023)
Posted: June 28, 2023
Montana Supreme Court opinion holding that Montana's sex offense registration statute ("SVORA"), as amended since 2007, is punitive in nature and cannot be retroactively applied to defendants whose convictions predate the 2007 amendments.
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.
Cao v. Pennsylvania State Police (Pa. Commw. Ct. 2022)
Posted: September 20, 2022
Pennsylvania Commonwealth Court opinion concluding that based on recent Pennsylvania Supreme Court precedent SORNA II is nonpunitive in effect and retroactive application of the statute did not violate Petitioner's rights under state and federal ex post facto clauses.
Koch v. Village of Hartland (7th Cir. 2022)
Posted: August 15, 2022
Seventh Circuit decision in Ex Post Facto case, overturning the retroactivity standard articulated in prior circuit holdings and concluding that the critical inquiry in assessing retroactivity is “whether the law changes the legal consequences of acts completed before its effective date.”
Crowley v. State of Indiana (Ind. Ct. App. 2022)
Posted: June 13, 2022
Indiana Court of Appeals opinion affirming trial court's denial of Plaintiff's ex post facto challenge which sought removal from Indiana's registry where Plaintiff's 30 year-old out-of-state conviction pre-existed the relevant statutes requiring registration.
Commonwealth v. Santana (Pa. 2021)
Posted: January 6, 2022
Supreme Court of Pennsylvania opinion holding that retroactive application of sex offender registration law was punitive, supporting finding of unconstitutional ex post facto law, even where triggering offense occurred in another state and defendant complied with that state's registry requirements before moving to Pennsylvania.
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.
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.