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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Favorable WI Supreme Court ruling based on state’s falsely inflating recidivism claims

By Gretchen Schuldt . . . The Department of Corrections must turn over a database containing information about sex offenders that a defense lawyer contends could show the state has been overstating how likely sex offenders are to commit future sexual violence, the Wisconsin Supreme Court ruled, 4-3, Wednesday. Justice Rebecca F. Dallet‘s opinion for the majority recounts how far DOC officials went to block lawyers for Anthony James…

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Ex-post facto claim denied; man convicted in 1994 must stay on registry says Wyoming Supreme Court

By Jim Angell . . . A man who was required to register as a sex offender because of a change in state law must continue to register even though his conviction occurred more than 25 years ago, Wyoming’s Supreme Court has ruled. The court upheld a lower court’s decision to require Jeffrey Earl Harrison to register as a sex…

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Colorado Supreme Court to clarify if some sex offense sentences illegal

By Michael Karlik . . . Prosecutors will soon receive an answer to a question the state Supreme Court created in 2019: are hundreds of sex offender sentences in Colorado actually illegal? Following the Court’s unanimous ruling in Allman v. People that criminal sentences are impermissible if they include both prison and probation, the justices have agreed to hear two appeals from…

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Eighth Circuit decision opens path to continued constitutional challenge of MN sex offender program

By Chris Serres . . . A protracted case challenging the constitutionality of Minnesota’s system for treating sex offenders outside prison has gained new life after a federal appeals court in St. Louis ruled that claims contesting the program’s unusual conditions of confinement can move forward. In a decision released Wednesday, a three-judge panel of the U.S. Court of Appeals…

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Federal Judge rules parts of Tennessee sex offender law punitive

By Travis Loller . . .  NASHVILLE, Tenn. (AP) — A federal judge has ruled that parts of Tennessee’s sex offender registration act should not be applied retroactively to two offenders who sued over the law. Monday’s ruling in the U.S. District Court for the Middle District of Tennessee was narrowly written to apply only to the two plaintiffs. But…

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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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