Michigan Supreme Court says registry is punishment.

By John Agar . . . MUSKEGON COUNTY, MI – The Michigan Supreme Court said requirements of the state’s Sex Offender Registration Act are an unconstitutional punishment for a man convicted years before the registry took effect. The man’s attorney said the ruling in the Muskegon County case would impact others who were convicted before registry rules were amended in…

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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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NARSOL quoted in reference to umbrella internet policy for those on probation in CO

By Michaek Karlik . . . It does not violate the First Amendment for a court to impose broad restrictions on a sex offender’s use of the Internet and social media during his sentence, the Court of Appeals decided on Thursday. A three-judge appellate panel rejected the claims of Christopher David Landis that such limitations violated Colorado law, as well…

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CO Supreme Court: Lifetime juvenile sex offender registration unconstitutional

By Shelly Bradbury . . . Juveniles cannot be mandated to register as lifelong sex offenders in Colorado if there is no way for offenders to be individually assessed or to later be removed from the registry, the state Supreme Court ruled Monday. The 6-1 decision follows a new law signed by Gov. Jared Polis on Thursday that eliminates mandatory lifetime…

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Sex offense registration for life unconstitutional, says SC Supreme Court

By Meg Kinnard . . . South Carolina’s Supreme Court says a state law requiring sex offenders to register for life without prior judicial review is unconstitutional . . . According to the FAQ section of the state’s registry website, an offender will only be removed from the registry if the offense is “reversed, overturned, or vacated on appeal and a final…

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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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7th Circuit Court of Appeals: ‘Other Jurisdiction Requirement’ in Indiana Law is Unconstitutional

by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit upheld U.S. District Court for the Southern District of Indiana’s opinion that found a provision of Indiana’s Sex Offender Registration Act (“SORA”) requiring registration of Plaintiffs who relocated to Indiana after SORA’s enactment violated their right to travel because the provision wouldn’t have required them to register if…

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TN Middle Court affirms earlier decision, orders two registrants removed from registry

By Travis Loller . . . A federal judge ruled Monday that Tennessee’s sex offender registration act is unconstitutional, at least as it was applied retroactively to two offenders. The ruling in the U.S. District Court for the Middle District of Tennessee affects only the two men who sued, identified in court documents as John Doe #1 and John Doe…

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