Seventh Circuit Court of Appeals Overturns Previous Victory

By Larry . . . NARSOL previously reported on the case of Brian Hope v. Commissioner of Indiana Department of Correction, which was favorably decided by a three-judge panel back in January. Unfortunately, the Seventh Circuit granted Indiana’s request for en banc review, and the full court has now turned that victory into a defeat. Trial Court History United States…

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Michigan Supreme Court Agrees that 2011 Registration Cannot Be Applied Retroactively

By Larry . . . The case of The People of the State of Michigan v. Paul Betts is an awesome win for our cause. The Michigan Supreme Court was asked to decide whether the retroactive application of Michigan’s Sex Offenders Registration Act (SORA), MCL 28.721 et seq., as amended by 2011 PA 17 and 18 (the 2011 SORA), violates…

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Colorado court of appeals says internet prohibition is constitutional

By Larry . . . It is constitutional to prohibit internet access according to the Colorado Court of Appeals. Christopher Landis appealed his probationary sentence for attempted sexual assault on a child. He argued that the conditions of his probation restricting his use of the internet and social media violate (1) the governing Colorado statutory scheme and (2) his rights…

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Fantastic win in South Carolina

By Larry . . . The case of Dennis J. Powell Jr. v. Mark Keel, Chief, and The State of South Carolina was an awesome victory for our cause. This appeal was the result of the circuit court’s granting summary judgment in favor of Dennis Powell, Jr. on his claims challenging the internet publication and lifetime duration of his mandated…

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Judge in Menges registry case rules equal protection for consensual gay sex

By Larry . . . The case of Menges v. Knudsen is a challenge against the attorney general of the state of Montana and various other governmental officials in their official capacities. See Menges v. Knudsen, CV 20–178–M–DLC, United Stated District Court for the District of Montana.  Plaintiff Randall Menges filed suit on December 9, 2020. He asserted that Montana’s…

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Who bears the burden of proof in a criminal case?

By Larry . . . NARSOL is excited to announce the filing of an amicus brief in the United States Supreme Court in support of Stephen May’s Petition for a Writ of Certiorari. It is important to understand that the Supreme Court declines to hear most cases in which review is sought, which means all petitioners face very long odds.…

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Brian Hope v. Commissioner of Indiana Department of Corrections

By Larry . . . This is a synopsis of a case which is extremely important and will potentially have impact beyond Indiana. None of the challengers would have been required to register if they: (1) had not moved out of Indiana and returned after 2006; or (2) had not moved into Indiana after 2006. It was in 2006 that the…

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Those on registry can’t be categorically excluded rules CA Supreme Court

In re Gadlin, S254599 (CASC) Opinion Released 12-28-20 By Larry . . . This appeal was handled by Janice Bellucci, an attorney in California, who is well known for her work on behalf of those required to register. The case arose as a result of a ballot proposition approved by California voters in 2016. Proposition 57, known as the Public…

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Ninth Circuit Reinstates SORA Challenge in Idaho

By Larry . . . This case consisted of a group of 134 plaintiffs who had filed a lawsuit in the United States District Court for the District of Idaho. Their complaint raised a number of claims challenging many aspects of Idaho’s Sex Offender Registration Act (SORA). The trial judge granted the state’s motion to dismiss the complaint. The case…

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