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


Court Decisions by Circuit & State


Court Decisions by Circuit & State

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

 3rd Circuit (DE, NJ, PA)

State v. R.K. (N.J. Super. Ct. App. Div.)
Social Media | First Amendment | Supervised Release

New Jersey appellate court finding that blanket social media ban imposed on people on supervised release was unconstitutional under the First Amendment.

4th Circuit (MD, NC, SC, VA, WV)

US v. Spivey (4th Cir.)
Failure to Register | Venue

4th Circuit Court of Appeals holding that venue in a federal failure to register case is proper in the district where the defendant departed from. 
5th Circuit (LA, MS, TX)

In re Jones (Tex)
Civil Commitment | Jury Instructions

Texas Supreme Court opinion finding that, while it was error not to submit a jury instruction in a SVP trial informing the jury that they did not need to reach a unanimous verdict to find for the Petitioner, this error was harmless.

8th Circuit (AR, IA, MN, MO, ND, NE, SD)

Selig v. Russell (Mo. Ct. App.)
Federal SORNA | Degregistration

Missouri Court of Appeals opinion finding that offenses requiring registration under federal law would also require registration under state law, even if they are specifically exempted in the state's registration statute. 

State v. McCord (Mo. Ct. App.)
Housing Banishment | Void for Vagueness

Missouri Court of Appeals opinion holding that the distance measurements for Missouri's housing banishment laws are taken from property line to property line. 

10th Circuit (CO, KS, NM, OK, UT, WY)
Blanke v. Board of Pardons (Utah)
Due Process | Parole

Utah Supreme Court opinion affirming that Appellant's due process rights were not violated when the parole board required him to complete a sex offender treatment program, where he was convicted of a non-sexual offense requiring registration and made statements in a presentence report indicating that sexual conduct was connected with the offense of conviction.

New Scholarship

Aya Gruber, The Feminist War on Crime

Gillian Harkins, Virtual Pedophilia: Sex Offender Profiling and U.S. Security Culture

Judith Levine & Erica Meiners, The Feminist and the Sex Offender

Sreenivasan et al., Case Law Considerations in the Use of ASPD in SVP/SDP Evaluations., J. Am. Acad. Psychiatry Law

Lehmann et al., Stigmatization of paraphilias and psychological conditions linked to sexual offending, J. Sex Research

Maximilian Auerbach, Diagnostic Trends and Donald DD.: Has the Watershed Case Changed How State Doctors Diagnose Sex Offenders?, Columbia J of Law and Social Problems

Baudin et al., A 24-Year Follow-up Study on Recidivism in Male Mentally Disordered Sexual Offenders With and Without Psychotic Disorders, J Forensic Sciences

Olver et al., Predictive Properties of the Violence Risk Scale–Sexual Offense Version as a Function of Age, Assessment

Kunstler et al., Understanding landlord perspectives on applicants with sex offenses, Housing, Care and Support 
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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. Copying and re-distribution is permitted for any non-commercial or educational purpose.

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