Mitchell Hamline School of Law

Sex Offense Litigation and Policy Resource Center

Missouri

Smith v. St. Louis County Police, et al. (Mo. Ct. App. 2022)

Posted: June 14, 2022
Missouri Court of Appeals decision determining, contrary to prior Missouri appellate court decisions, that a “tier I” sex offender under both MO-SORA and SORNA, who is otherwise eligible for removal from the Registry after satisfying the requirements of relevant MO-SORA provisions, should not be required to remain on the Registry for the remainder of their life due to the purported “interplay” between the requirements of MO-SORA and SORNA.

Smith v. St. Louis County Police, et al. (Mo. Ct. App. 2022)

Fields v. State of Missouri (Mo. Ct. App. 2022)

Posted: April 12, 2022
Missouri Court of Appeals decision in an ineffective assistance of counsel case concluding that, unlike the risk of deportation assessed in Padilla v. Kentucky, 559 U.S. 356 (2010), civil commitment under Missouri's "Sexually Violent Predator" statute is a collateral consequence as opposed to a presumptively mandatory consequence and, therefore, plea counsel was not obligated to inform Appellant of the potential consequence of indefinite civil commitment prior to Appellant's guilty plea.

Fields v. State of Missouri (Mo. Ct. App. 2022)

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