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Sex Offense Litigation and Policy Resource Center

New York

Litigation and Policy Resource Center

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Recent Cases

  • State v. Brown, No. A-39-19 (N.J. 2020)

  • In re Gadlin (Cal. 2020)

  • In re Commitment of Stephenson (Wis. 2020)

  • State v. Batson (Wash. 2020)

  • State v. Genson (Kan. Ct. App. 2020)

  • In re Stoddard (Tex. 2020)

  • Does v. Wasden (9th Cir. 2020)

  • State v. Townsend (Ohio 2020)

  • United States v. Bobal (11th Cir. 2020)

  • Hixson v. Missouri State Highway Patrol (Mo. Ct. App. 2020)

Contact Information

Sex Offense Litigation and Policy Resource Center

875 Summit Avenue
Saint Paul, MN 55105

Professor Eric Janus, Director

eric.janus@mitchellhamline.edu

Guy Hamilton-Smith, Legal Fellow

guy.hamiltonsmith@mitchellhamline.edu

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

People v. Buyund (N.Y. App. Div. 2nd 2019)

Posted: November 20, 2019
New York Supreme Court opinion vacating a requirement that an individual convicted of sexually motivated first-degree burglary be required to register, as registration was not mandated under New York's statutory scheme.

People v. Buyund (N.Y. App. Div. 2nd 2019)

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

Maldonado v. Mattingly (W.D.N.Y. 2019)

Posted: November 6, 2019
Federal District Court for the Western District of New York denying summary judgment to state parole defendants over allegations that certain conditions of supervision relating to contact with Plaintiff's children and ability to attend church services violated his constitutional rights.

Maldonado v. Mattingly (W.D.N.Y. 2019)

Category: SORN Cases Tag: 2nd Cir., Churches, Conditions of Release, Familial Relationships, New York, Qualified Immunity

Jones v. County of Suffolk et al. (2nd Cir. 2019)

Posted: September 5, 2019
2nd Circuit Court of Appeals affirming a federal trial court's finding that even if Plaintiff was "seized" during verification visits by contract employees of the state (Parents for Megan's Law), that the seizure was not unreasonable in light of the application of the special needs doctrine.

Jones v. County of Suffolk et al. (2nd Cir. 2019)

Category: SORN Cases Tag: 2nd Cir., 4th Amendment, New York, Special Needs

Yunus v. Robinson (S.D.N.Y. 2019)

Posted: June 18, 2019
Federal trial court in Southern District of New York granting preliminary injunction halting imposition of sex offense registry and parole requirements in case of plaintiff who committed no sexual offense.

Yunus v. Robinson (S.D.N.Y. 2019)

Category: SORN Cases Tag: 2nd Cir., New York, Non-Sexual Offense, Substantive Due Process

People v. Diaz (N.Y. 2018)

Posted: June 12, 2019
New York Court of Appeals holding that individual who was not a "sex offender" in another state, but nevertheless required to register there, did not have to register in New York state.

People v. Diaz (N.Y. 2018)

Category: SORN Cases Tag: 2nd Cir., New York, Out-of-state Offense

People ex rel Negron v. Superintendent (N.Y. App. Div. 3rd 2019)

Posted: June 12, 2019
New York Supreme Court, Appellate Division, holding that SARA-related housing restrictions did not apply to individual who was serving a sentence for a non-sexual offense.

People ex rel Negron v. Superintendent (N.Y. App. Div. 3rd 2019)

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

Doe v. O’Donnell (N.Y. App. Div. 3d. 2011)

Posted: April 28, 2019
New York Appellate Division affirming the decision of a trial court dismissing an administrative appeal wherein a former New York resident was required to continue registering as a sex offender in New York.

Doe v. O’Donnell (N.Y. App. Div. 3d. 2011)

Category: SORN Cases Tag: 2nd Cir., Extraterritorial Registration, Full Faith and Credit, 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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