Michigan’s emergency request for stay denied by Supreme Court

LANSING, MICH. – A U.S. Supreme Court justice has rejected Michigan’s request to halt a lower court decision that found the state unconstitutionally put additional restrictions on sex offenders long after their convictions. Justice Elena Kagan denied Tuesday the emergency appeal for a stay. In August, the 6th U.S. Circuit Court of Appeals said changes to Michigan law in 2006…

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UPDATE: SCOTUS grants cert; will hear NC Facebook case

By Robin Vanderwall . . . The United States Supreme Court has accepted the petition for a writ of certiorari from Lester Gerard Packingham who was arrested in 2012 for posting a message on Facebook in violation of North Carolina’s prohibition against sex offenders accessing social media websites. On petition to the U.S. Supreme Court since January 2016, the Packingham…

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Where Justice Kennedy finds his facts: Who cares? He doesn’t check them

By Radley Balko . . . In the 2002 case McKune v. Lile, the Supreme Court upheld a Kansas law that imposed harsher sentences on sex offenders who declined to participate in a prison rehab program. The substance of the Kansas law the court upheld isn’t as important as the language the court used to uphold it. In his opinion,…

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Supreme Court consistently relies upon bogus studies about sex offender recidivism

By Ira Ellman . . . Proponents of criminal justice reform never talk about sex offenders. They’re political untouchables subject to lifelong restrictions that continue long past their confinement, restrictions justified as necessary to protect the public from their propensity to re-offend. Two Supreme Court decisions established that justification. But they rely on a scientific study that doesn’t exist. “Frightening…

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Supreme Court: Attaching ankle monitor a Fourth Amendment search

By Anne Blythe . . .A North Carolina program that uses GPS to monitor sex offenders will be scrutinized again by the state’s highest court. The U.S. Supreme Court on Monday ordered the N.C. Supreme Court to reconsider a legal challenge by Torrey Dale Grady, a sex offender arguing that his constitutional rights are being violated by the program. The…

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