y 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 District Court…
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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 state and…
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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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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 registration as…
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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 registration requirement is unconstitutional…
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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. As a…
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By Larry . . . After years of legal wrangling, there has been a favorable decision in an important case in Tennessee. The case was initiated on November 8, 2016, along with a motion for a protective order. At that time the governor of Tennessee was named William Haslam, so he was the defendant in his official capacity along with the…
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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 Indiana law…
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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 arises as a result of a ballot proposition approved by California voters in 2016. Proposition 57, known as the Public…
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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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