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Sex Offense Litigation and Policy Resource Center

Ex Post Facto

Litigation and Policy Resource Center

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Recent Cases

  • In re Gadlin (Cal. 2020)

  • In re Commitment of Stephenson (Wis. 2020)

  • State v. Batson (Wash. 2020)

  • State v. Genson (Kan. Ct. App. 2020)

  • In re Stoddard (Tex. 2020)

  • Does v. Wasden (9th Cir. 2020)

  • State v. Townsend (Ohio 2020)

  • United States v. Bobal (11th Cir. 2020)

  • Johnson v. Superintendent (N.Y. 2020)

  • Hixson v. Missouri State Highway Patrol (Mo. Ct. App. 2020)

Contact Information

Sex Offense Litigation and Policy Resource Center

875 Summit Avenue
Saint Paul, MN 55105

Professor Eric Janus, Director

eric.janus@mitchellhamline.edu

Guy Hamilton-Smith, Legal Fellow

guy.hamiltonsmith@mitchellhamline.edu

Rogers v. State (Md. 2020)

Posted: April 2, 2020
Maryland Court of Appeals opinion holding that facts which require registration as a sex offender, in light of the punitive nature of registration, must be established beyond a reasonable doubt in the adjudicatory phase of a criminal proceeding.

Rogers v. State (Md. 2020)

Category: SORN Cases Tag: 4th Cir., Apprendi / Alleyne, Ex Post Facto, Maryland, Punishment

United States v. Wass (4th Cir. 2020)

Posted: March 25, 2020
4th Circuit Court of Appeals opinion reversing dismissal of federal indictment for failure to register, finding that non-delegation principles were not violated, and that federal SORNA was not puntive.

United States v. Wass (4th Cir. 2020)

Category: SORN Cases Tag: 4th Cir., AWA, Ex Post Facto, Nondelegation, North Carolina

Foley v. State (Tenn. Ct. Crim. App. 2020)

Posted: March 1, 2020
Tennessee Court of Criminal Appeals opinion vacating the guilty plea of the Petitioner who pled guilty as a juvenile to an offense that did not require registration at the time of his plea, but subsequently required registration.

Foley v. State (Tenn. Ct. Crim. App. 2020)

Category: SORN Cases Tag: 6th Cir., Ex Post Facto, Plea Agreement, Statute of Limitations, Tennessee

John Doe et al. v. Richard Snyder (E.D. Mich. 2020)

Posted: February 14, 2020
Federal District Court for the Eastern District of Michigan granting permanent injunction, prohibiting in total the enforcement of any of Michigan's sex offense registration scheme to anyone who had committed their offenses prior to 2011, as well as prohibiting the enforcement of numerous provisions to any persons required to register.

John Doe et al. v. Richard Snyder (E.D. Mich. 2020)

Category: Residency Cases, SORN Cases Tag: 1st Amendment, 6th Cir., Due Process, Ex Post Facto, Internet Identifiers, Michigan, Void-for-Vagueness

Steinman v. Blocker (Pa. Commw. Ct. 2019)

Posted: November 16, 2019
Pennsylvania Commonwealth Court declaring that registration requirements enacted in response to prior PA Supreme Court decision violated Ex Post Facto clause.

Steinman v. Blocker (Pa. Commw. Ct. 2019)

Category: SORN Cases Tag: 3rd Cir., Ex Post Facto, Pennsylvania

Commonwealth v. Haines (Pa. Super. 2019)

Posted: November 1, 2019
Pennsylvania Superior Court opinion holding that requiring sex offense registration for individual who committed sexual offenses as a juvenile, but was not convicted until reaching adulthood, was unconstitutional.

Commonwealth v. Haines (Pa. Super. 2019)

Category: SORN Cases Tag: 3rd Cir., Ex Post Facto, Juvenile Registration, Pennsylvania

Commonwealth v. Moore (Pa. Super. 2019)

Posted: October 24, 2019
Pennsylvania Superior Court opinion holding that internet dissemination of sex offender registration information is punitive in effect, and thus retroactive application violates the federal Ex Post Facto clause.

Commonwealth v. Moore (Pa. Super. 2019)

Category: SORN Cases Tag: 3rd Cir., Ex Post Facto, Notification, Pennsylvania

State v. N.R. (Kan. Ct. App. 2019)

Posted: September 27, 2019
Kansas Court of Appeals opinion holding that KORA does not violate prohibitions against cruel and unusual punishment or retroactive punishment in the context of a person required to register who committed their offense as a juvenile.

State v. N.R. (Kan. Ct. App. 2019)

Category: SORN Cases Tag: 8th Amendment, Ex Post Facto, Juvenile Registration, Kansas

Prynne v. Northam et al (E.D. Va. 2019)

Posted: August 19, 2019
United States District Court for the Eastern District of Virginia dismissing a federal civil rights complaint alleging violations of state and federal constitutional provisions related to Ex Post Facto punishment and Due Process.

Prynne v. Northam et al (E.D. Va. 2019)

Category: SORN Cases Tag: 4th Cir., Ex Post Facto, Right to Parent, Right to Travel, Substantive Due Process, Virginia

Holland v. Georgia (11th Cir. 2019)

Posted: August 13, 2019
Unpublished 11th Circuit Court of Appeals opinion affirming the district court dismissal of a constitutional challenge to Georgia's sex offense registry laws, alleging violations of the Ex Post Facto clause, Substantive Due Process, Equal Protection, and violations of the Eighth Amendment.

Holland v. Georgia (11th Cir. 2019)

Category: SORN Cases Tag: 11th Cir., 8th Amendment, Equal Protection, Ex Post Facto, Georgia, Substantive Due Process

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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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