Blog also contains "Unfavorable" and "Informational" decisions and articles, and "Active Lawsuits." All can be useful in framing arguments for new court cases. i.e., avoid pitfalls or inform court and simply to learn whats happening to others. If you know of a case or lawsuit not listed, please let us know. Leagle is our main resource.
View decisions by the Federal Circuit States belong to.
NEW: (# Failure to Register Technicality
NEW: Travel Restrictions (Apparently Eff. 2013)
NEW: Border Patrol Checking
NEW: Failure to Register a Sex Offense???
CAUTION: SORNA EFFECTIVE even if state has not enacted it

Thursday, September 11, 2014

USA -v- Brewer

9-10-2014 Arkansas:

USA -v- Brewer

Defendant appealed his conviction for failing to register as a sex offender under 18 U.S.C. 2250(a). In 2006, Congress enacted the Sex Offender Registration Notification Act (SORNA), 42 U.S.C. 16901-16991. In 2007, the Attorney General promulgated an Interim Rule that made registration requirements applicable to all pre-Act offenders without establishing a period for pre-promulgation notice and comment and bypassed the 30-day publication requirement.

Defendant argued that the Attorney General lacked good cause and thereby violated the Administrative Procedures Act (APA), 5 U.S.C. 551 et seq. The court joined the Third, Fifth, Sixth, and Ninth Circuits and found that the Attorney General's stated reasons for finding good cause to bypass the 30-day advance-publication and notice-and-comment requirements were insufficient.

Because the Attorney General lacked good cause to waive the procedural requirements of notice and comment when promulgating the Interim Rule, and this procedural error prejudiced defendant, SORNA did not apply to defendant in 2007. Therefore, his conviction for failing to register is invalid.

The court did not address defendant's remaining argument that SORNA violates the nondelegation doctrine.

The court reversed and remanded for the district court to vacate the conviction.

Thursday, August 21, 2014

ALERT: Is a Failure to Register charge a sex offense?

5-5-2012 Colorado:

Life never ceases to amaze me. Something I had heard about some time ago, I now have proof that this is true!

Only in Colorado, to my knowledge today, is a charge of "Failure to Register" considered a sex offense. Right a sex offense, don't believe me, click on the following pic and read the yellow portion.
This is page-11 of Laws Governing Sex Offenders in Colorado (11-2008), a file that describes all sex offenses and offender rules in Colorado.

Think of the ramifications of this, its mind boggling. There has to be someone with a sick sense of humor that pushed this through the legislature. I'm just blown away by this, are you?

If this is also true in other states, I'd love to know which ones. This will mess up recidivism figures BIG TIME!

I Saw a Man Get Arrested For a Sex Crime Because He Made a Scheduling Error

7-17-2014 Texas:

When I agreed to keynote the Reform Sex Offender Laws conference this week in Dallas, Texas, I didn't expect it to hit quite so close to home.

But before I arrived, I got a phone call from a soft-spoken, super-articulate young man, Joshua Gravens, who is a Soros Justice Scholar based in Dallas. His specialty is the injustice of the sex offender registry and the fact that it isn't making kids any safer (see this study and this article). He was also on the public sex offender list until recently and still has restrictions on his movement.* He invited me to come with him to the police department to give notice he had moved. Who could resist?

Josh became a sex offender at age 12. That's when he touched his sister's vagina, twice. His sister told their mom, Josh said it was true (he was too embarrassed at the time to mention that he himself had been raped as a young boy by three local high school kids), and their mom called a counseling service for advice. The counsellor said Josh's mother was required to report his crime to the authorities and the next day, he was arrested.

Wednesday, August 13, 2014

Maryland officials begin removing some names from sex offender registry after court ruling

8-12-2014 Maryland:

TOWSON, Maryland — Corrections officials say they have started the process of removing more than 800 names from Maryland's Sex Offender Registry.

The Department of Public Safety and Correctional Services said Tuesday that other sex offenders are also being reviewed for possible removal for crimes that occurred before 1995.

In May, the Maryland Court of Appeals ruled that retroactively requiring sex offenders to register for crimes committed before the registry was created in 1995 violates Maryland's constitution.

Corrections officials say the criminal histories of those being checked for removal to make sure they have not committed other sex offenses. Officials say victims will be notified before the names are removed from the registry. ..Source.. by The Republic