Massachusetts Court of Appeals opinion in failure to register case concluding that trial court judge abused his discretion in excluding expert testimony proposed by the defendant regarding mental disorders which impacted his ability to remember his registration obligation.
In a split decision, the Washington Supreme Court, sitting en banc, concludes that a pro se Petitioner's guilty to plea to a Failure to Register charge was constitutionally valid even though the trial court did not explicitly inform Petitioner that the knowledge element of failure to register necessarily includes knowledge of the specific circumstance giving rise to the responsibility to register under the statute.
Rhode Island Supreme Court opinion in postconviction registry challenge affirming Superior Court's judgment in part and quashed the judgment in part, concluding that Defendant is no longer required to register, that dates of alleged offenses, not dates of conviction, controlled whether a registration duty was violated, and that the state's argument that earlier convictions gave rise to new independent duty to register was outside the scope of remand.
United States District Court, Northern District of Mississippi opinion holding that a nolo contendere plea, which resulted in Defendant's registration pursuant to the Sex Offender Notification and Registration Act ("SORNA"), is admissible in a prosecution for Failure to Register as a Sex Offender in violation of 18 U.S.C. § 2250(a).
United States Supreme Court opinion finding that, when an individual is in custody for a federal failure to register offense, they are not also in custody for the purposes of collaterally attacking a predicate state sex offense conviction via habeas.
New Jersey Supreme Court opinion holding that enhanced penalties for failure to register passed after an obligation to register arose do not implicate ex post facto provisions of state or federal constitutions.
Kansas Court of Appeals opinion holding that violations of the Kansas Offender Registration Act are strict liability and do not violate substantive due process.
Supreme Judicial Court of Massachusetts opinion reversing a lower court finding that the appellant violated his probation by not registering addresses where he performed home repairs and for performing repairs at an address where a child was present.
6th Circuit Court of Appeals opinion affirming the denial of a motion to dismiss on qualified immunity grounds a civil rights lawsuit brought by a plaintiff who spent 19 months in prison for failure to register where state law did not require him to register as a sex offender.
9th Circuit Court of Appeals opinion reversing the dismissal of a federal failure to register indictment where the government could not show that the interstate travel was not legally compelled.