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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LJC is delighted to report to you that registrants with non-New Mexico convictions will soon be entitled to due process before they are listed on the New Mexico Department of Public Safety (NMDPS) website. This is a direct result of LJC’s lawsuit and subsequent work, and it becomes effective today, July 1, 2021. This is a monumental achievement and we…
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We apologize in that this final update took longer than we would have liked. The New Mexico Legislature adjourned on March 20th. None of the priority bills we were tracking actually made it to the finish line. HB 56: Our number one priority was to defeat HB 56, and we are happy to report that it did not pass. HB 56 is the SORNA and human trafficking proposal. The bill contained a provision that would have required registrants who simply own property located in New Mexico to register. The…
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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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Several House bills have crossed over into the Senate. LJC is vehemently opposed to some, most notably, House Bill 56. This is the mammoth SORNA and human trafficking overhaul. As expected, the legislation passed the House near unanimously. In addition, House Bill 74 which we reported on last week passed despite significant Republican opposition. HB 74 would restore voting rights…
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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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The past week has been eventful for the bills we have been tracking. The biggest change is House Bill 56 making it through the committee process and is now on the House Calendar awaiting final passage. Unfortunately, that bill made it past the House Judiciary Committee after the House Appropriation and Finance Committee referral was withdrawn. That is a sign…
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