Opinion by the Massachusetts Supreme Court concluding that the imposition of global positioning system (GPS) monitoring as a condition of the defendant's probation following a conviction of rape constituted an unreasonable search in violation of art. 14 of the Massachusetts Declaration of Rights.
Supreme Judicial Court of Massachusetts opinion affirming the determination of the state sex offender registry board that registration as a level three sex offender was warranted and lawful in the case of an individual convicted of a non-sexual child kidnapping offense.
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.
1st Circuit Court of Appeals opinion holding that venue for a federal failure to register prosecution is proper in the departure jurisdiction.
Massachusetts Supreme Judicial Court opinion affirming the denial of state's request for mandatory pretrial detention of defendant who had been charged with statutory rape offense.
Supreme Judicial Court of Massachusetts Opinion holding that individual who state alleges meets the criteria for an SVP, but whom neither examiner concludes is an SVP, is entitled to release pending trial.
Massachusetts Supreme Judicial Court reversing a decision of the trial court which found that two convictions arising from the same proceeding required sex offense registration.
Supreme Judicial Court of Massachusetts holding that state statute requiring the imposition of GPS monitoring as a condition of probation was unconstitutional in the context of the case of an individual who was convicted of non-contact sexual offenses.
Massachusetts SJC case holding that, at reclassification hearings, burden of proof is with the government to establish that current classification is correct.
Massachusetts SJC holding that burden of proof to establish continued appropriateness of duty to register must remain with the government to comport with Due Process in classification proceedings.