By Larry . . . NARSOL is disappointed in the outcome of a GPS challenge just decided by the United States Court of Appeals for the Seventh Circuit from Wisconsin. The case is Benjamin Braam, Alton Antrim, and Dan Olszewski v. Kevin Carr, Wisconsin Secretary of Corrections. Wisconsin Statute § 301.48(2)(a)(7) requires lifetime monitoring of offenders who have been convicted of…
Read MoreCategory: Legal Analysis
Entrapment and ineffective assistance of counsel win the day — Illinois Supreme Court vacates conviction
By Larry . . . The People of the State of Illinois v. Shane Lewis (Docket No. 126705) decided June 24, 2022, deals with an egregious abuse by law enforcement and was clearly entrapment by any objective standard. Shane Lewis was charged with involuntary sexual servitude of a minor, traveling to meet a minor, and grooming. At trial, he asserted the defense of…
Read MoreSeventh Circuit Court of Appeals Overturns Previous Victory
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…
Read MoreMichigan Supreme Court Agrees that 2011 Registration Cannot Be Applied Retroactively
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…
Read MoreColorado 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…
Read MoreFantastic 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 registration as…
Read MoreJudge 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 registration requirement is unconstitutional…
Read MoreWho bears the burden of proof in a criminal case?
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…
Read MoreAwesome victory in Tennessee
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…
Read MoreBrian 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 Indiana law…
Read More