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SOLPRC's monthly newsletter notes significant legal and other developments in the area of sex offense litigation and policy.
February 2020

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Court Decisions by Circuit & State


Court Decisions by Circuit & State

Decisions below, whether state or federal, are arranged by federal circuit.

1st Circuit (MA, ME, NH, RI)
Revocation of Supervision

Federal District Court Report and Recommendation analyzing the impact of United States v. Haymond in the context of the revocation of supervision where the basis for revocation was possession of unlawful images.
2nd Circuit (CT, NY, VT)
Conditions of Supervision

Vermont Supreme Court striking down several conditions of supervision for individual who had pled guilty to a sex offense, including prohibitions related to possession of pornography, warrantless search and computer monitoring.
3rd Circuit (DE, NJ, PA)
Adam Walsh Act | Duty to Register | Federalism

3rd Circuit Court of Appeals affirming denial of preliminary injunction, holding that federal law imposed independent registration requirements on Appellant even if state law would not otherwise require registration.

6th Circuit (KY, MI, OH, TN)
Jurisdiction | Out of State offense | Classification | Due Process

Tennessee Supreme Court decision holding that trial court was without jurisdiction to modify order dismissing indictments for failure to register, and further commented on lack of apparent Due Process protections in Tennessee's statutory scheme.


In re Parole of Irwin
Abuse of Discretion | Parole | Treatment Programs

Michigan Court of Appeals reversing a decision denying parole to an person who was serving a sentence for sex offenses, on the grounds that the parole board did not abuse its discretion and that a treatment completion requirement did not violate state law.

7th Circuit (IL, IN, WI)

Murphy v. Raoul (N.D. Ill.)
Equal Protection | 8th Amendment | Release from Custody

Federal district court entering a permanent injunction order in litigation where the Court found that the state's continued incarceration of certain people convicted of sex offenses violated Equal Protection and the Eighth Amendment. The Order requires the state to submit a plan to ensure that by no later than January of 2021, that no member of the plaintiff class will remain imprisoned per the prior order.
10th Circuit (CO, KS, NM, OK, UT, WY)

Parker v. Bourdon (10th Cir.)
Statute of Limitations | Continuing Violation

10th Circuit Court of Appeals affirming the dismissal of a constitutional challenge to registration as being time-barred.

New Scholarship

Mark Western, How to Increase the Relevance and Use of Social and Behavioral Science: Lessons for Policy-makers, Researchers and Others, Justice Evaluation Journal

DeMatteo et al., Statement of concerned experts on the use of the Hare Psychopathy Checklist—Revised in capital sentencing to assess risk for institutional violence., Psychology, Public Policy & the Law
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The Sex Offense Litigation and Policy Resource Center at Mitchell Hamline School of Law collects and disseminates information about cases on issues of sexual violence policy, and facilitates communication, sharing, and the development of strategies among the lawyers, advocates and academics who seek a more sensible and effective public policy on sexual violence prevention.
Copyright © 2019 Mitchell Hamline School of Law, All rights reserved.

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Mitchell Hamline School of Law
Sex Offense Litigation and Policy Resource Center
875 Summit Ave
Saint Paul, MN 55105

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Sex Offense Litigation and Policy Resource Center · 875 Summit Ave · Saint Paul, MN 55105-3030 · USA

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