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)
In re Parole of Irwin
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.
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.