Mitchell Hamline School of Law

Sex Offense Litigation and Policy Resource Center

New York

People ex rel. Rivera v. Superintendent, Woodbourne Correctional Facility (N.Y. 2023)

Posted: June 29, 2023
New York Court of Appeals opinion holding that retroactive application of SARA's “school grounds condition” resulting in the indefinite detention of individuals who cannot find SARA-compliant housing did not facially violate Ex Post Facto Clause.

People ex rel. Rivera v. Superintendent, Woodbourne Correctional Facility (N.Y. 2023)

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)

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)

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)

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