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    Mitchell Hamline School of Law, located in St. Paul, Minnesota offers a rigorous, practice-based experience, preparing graduates to serve clients and communities. Our motivated students study full time or part time, on-campus or partially online in the way that fits their lives.

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Sex Offense Litigation and Policy Resource Center

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Litigation and Policy Resource Center

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Search SOLPRC

Recent Cases

  • McDeid v. Johnston (Minn. 2023)

  • Doe v. Department of Justice (C.D. Cal. 2023)

  • In re T.O. (Cal. Ct. App. 2022)

  • People v. Kastman (Ill. 2022)

  • State v. McMahon (La. Ct. App. 2022)

  • Commonwealth v. Roderick (Mass. 2022)

  • Lake Naomi Club, Inc. v. Rosado (Pa. Commw. Ct. 2022)

  • State v. Larson (Minn. 2022)

  • Doe as Next Friend of Doe #6 v. Swearingen (11th Cir. 2022)

  • McGuire v. Marshall (11th Cir. 2022)

Contact Information

Sex Offense Litigation and Policy Resource Center

875 Summit Avenue
Saint Paul, MN 55105

Professor Eric Janus, Director

eric.janus @mitchellhamline.edu

Madeline Ranum, Policy Fellow

651-695-7638

madeline.ranum @mitchellhamline.edu

People v. Krull (N.Y. App. Div. 2022)

Posted: September 20, 2022
New York Appellate Division holding as a matter of first impression that, because of the life-long implications of SORA risk level, when a defendant has invoked his Fifth Amendment right against self-incrimination the SORA court should not assess any points for a failure to accept responsibility when defendant's trial testimony denied the allegations and he has a pending direct appeal.

People v. Krull (N.Y. App. Div. 2022)

Category: SORN Cases Tag: Fifth Amendment, New York, SORA

Brown v. Maher (N.D.N.Y. 2022)

Posted: May 10, 2022
District Court granting Plaintiff a preliminary injunction where Plaintiff's right to live with his wife and step-children was prohibited by parole conditions preventing him from contacting any person under the age of eighteen, concluding that Plaintiff's right to live with his wife was fundamental, that he was likely to succeed on the merits of his § 1983 due process claim, that he faced a likelihood of irreparable harm, and that the balance of equities and public interest favored issuance of a preliminary injunction.  

Brown v. Maher (N.D.N.Y. 2022)

Category: SORN Cases Tag: Conditions of Release, Due Process, New York

Alvarez v. Annucci (N.Y. 2022)

Posted: April 11, 2022
New York Court of Appeals opinion holding that residency restrictions of Sexual Assault Reform Act ("SARA") applied equally to eligible offenders released on parole, conditionally released, or subject to period of post-release supervision.

Alvarez v. Annucci (N.Y. 2022)

Category: Residency Cases Tag: New York, post-release supervision, Residency Restrictions, SARA

People v. Edwards (N.Y. App. Div. 2021)

Posted: January 6, 2022
New York Appellate Division Fourth Department decision reversing a lower court's determination of risk level under SORA finding that the lower court erred in concluding that defendant failed to identify and establish the existence of a mitigating factor not taken into account by the guidelines, where defendant established by a preponderance of the evidence that he had not reoffended for seven years between release from prison and the SORA hearing, despite being unsupervised.

People v. Edwards (N.Y. App. Div. 2021)

Category: SORN Cases Tag: Mitigating Factors, New York, Risk Level, SORN

People v. Buyund (N.Y. 2021)

Posted: December 7, 2021
New York Court of Appeals opinion reversing, for failure to properly preserve, Appellate Division holding that an individual convicted of sexually motivated first-degree burglary was not required to register, as registration was not mandated under New York's statutory scheme.

People v. Buyund (N.Y. 2021)

Category: SORN Cases Tag: 2nd Cir., New York

Jones v. Cuomo (2nd Cir. 2021)

Posted: June 15, 2021
2nd Circuit Court of Appeals opinion holding that, for purposes of IFP status, a civil committee does not qualify as a "prisoner" under the Prison Litigation Reform Act.

Jones v. Cuomo (2nd Cir. 2021)

Category: Civil Commitment Cases Tag: 2nd Cir., New York

People v. Suarez (N.Y. App. Div. 2021)

Posted: February 11, 2021
New York Appellate Division opinion holding that New York state legislature did not intend school grounds exclusion provisions of state sex offense law to apply to youthful offenders.

People v. Suarez (N.Y. App. Div. 2021)

Category: SORN Cases Tag: 2nd Cir., Juvenile Registration, New York, Parole

Johnson v. Superintendent (N.Y. 2020)

Posted: November 24, 2020
New York Court of Appeals opinion holding that New York's practice of imprisoning some individuals convicted of sex offenses past dates they would otherwise be released for want of legal housing was not unconstitutional.

Johnson v. Superintendent (N.Y. 2020)

Category: Residency Cases, SORN Cases Tag: 2nd Cir., 8th Amendment, Due Process, Housing, New York, Parole

United States v. Mingo (2nd Cir. 2020)

Posted: July 24, 2020
2nd Circuit Court of Appeals opinion hold that, in the context of military sex offenses, SORNA does not violate the non-delegation doctrine nor the Administrative Procedures Act.

United States v. Mingo (2nd Cir. 2020)

Category: SORN Cases Tag: 2nd Cir., Administrative Procedures Act, New York, Nondelegation

United States v. Diaz (2nd Cir. 2020)

Posted: July 20, 2020
2nd Circuit Court of Appeals opinion holding that SORNA does not violate Double Jeopardy or Cruel and Unusual Punishment provisions in the context of a military sex offense.

United States v. Diaz (2nd Cir. 2020)

Category: SORN Cases Tag: 2nd Cir., 5th Amendment, 8th Amendment, New York

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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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