District Court opinion holding that Tennessee's sex offense registry is punitive in nature and so retroactive application of amendments would violate the Ex Post Facto Clause.
Does #1-9 v. Lee (M.D. Tenn. 2023)
Posted: June 29, 2023
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)
Smith v. St. Louis County Police (Mo. 2023)
Posted: June 29, 2023
Missouri Supreme Court decision en banc, holding that section 589.400.1(7) of MO-SORA imposes an independent lifetime registration requirement on persons who are or previously have been required to register under federal law.
Clements v. Florida (11th Cir. 2023)
Posted: June 27, 2023
As a matter of first impression, the 11th Circuit held that Florida's registration and reporting requirements for individuals convicted of sex offenses did not substantially limit a registrant's actions or movement, and thus, registrant was not “in custody,” within meaning of habeas statute.
People v. Talluto (N.Y. 2022)
Posted: February 15, 2023
New York Court of Appeals opinion holding that SORA requires persons subject to its foreign registration requirements to be designated as “sexually violent” regardless of whether their underlying offense was violent in nature.
In re T.O. (Cal. Ct. App. 2022)
Posted: November 18, 2022
California Court of Appeals opinion affirming lower court and holding that under California law Juvenile Court lacked authority to impose sex offense registration requirements upon juvenile who was not committed to Division of Juvenile Justice.
State v. Larson (Minn. 2022)
Posted: November 17, 2022
Minnesota Supreme Court opinion holding that, under Minnesota law, separate convictions for failure to register involving the same assignment of a corrections agent violated prohibitions against double jeopardy.
Doe as Next Friend of Doe #6 v. Swearingen (11th Cir. 2022)
Posted: November 17, 2022
Eleventh Circuit opinion holding that the continuing violation doctrine applies to required registrants' claims based on reputational injury and regular reporting requirements in challenge to constitutionality of sex offense registration law.
Interest of C.G. (Wis. 2022)
Posted: August 16, 2022
Wisconsin Supreme Court rejects transgender woman's challenge to Wisconsin registry based on registry provision preventing registrants from legally changing their names, concluding that (1) under well established precedent, placement on the registry is not a “punishment” under the Eighth Amendment and, even if it was, registration is neither cruel not unusual, and (2) petitioner’s right to free speech does not encompass the power to compel the State to facilitate a change of her legal name.
Lindsey v. Swearingen (N.D. Fla. 2022)
Posted: March 5, 2022
District Court holding rejecting Full Faith and Credit Clause and Equal Protection arguments and holding, first, that Florida may require a new resident to register as a "sex offender" based on a crime committed in a state where the individual lived previously, even though a court in that state terminated that state's registration requirement and, second, that Florida is not required to purge or deny public access to prior registration records where an individual has left the state.