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.
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.
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.
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.
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.
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.
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.
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.
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.
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.