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U.S. Supreme Court Holds AG Rules Required Before SORNA Sex Offender Law is Applied Retroactively
On January 23, 2012 the U.S. Supreme Court, in a 7-2 decision written by Justice Stephen Breyer, reversed the Third Circuit Court of Appeals, which had held that the federal Sex Offender Registration and Notification Act (Act) applied retroactively even in the absence of a rule by the U.S. Attorney ...
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More from this issue:
- Federal Sex Offender Civil Commitment Process Under Fire, by Derek Gilna
- Ethics Complaint Against Former Oregon Prison Official Dismissed
- From the Editor, by Paul Wright
- Maryland Women Prisoners Sew Commemorative 1812 Flags
- Hawaii Audit Finds Offenders Rarely Pay Restitution Owed
- Prisoner Lacked Standing to Challenge Georgia’s Failure to Send Absentee Ballot to Jail
- Federal BOP to Let Prisoners Have MP3 Players
- $975,000 Award to Former Prisoner Who Gave Birth in Seattle, Washington Jail
- California Pays $295,000 to Settle Religious Discrimination Lawsuit by Sikh Barred from Employment as Prison Guard
- California Supreme Court Restricts Lifer Parole Challenges
- CA Court of Appeal: Documents Identifying Suppliers of Execution Drug are Public Records
- Florida Town Rallies to Stop CCA Immigration Detention Facility, by David Reutter
- PLN Settles Censorship Suit Against Sacramento County, California Jail
- U.S. Supreme Court Holds AG Rules Required Before SORNA Sex Offender Law is Applied Retroactively, by Derek Gilna
- New Mexico Sheriff Sentenced for Selling County Property on eBay
- Former Florida Sheriff Cleared in Theft Investigation and PHS Contract Fraud Suit
- Eleventh Circuit Upholds Florida DOC’s Ban on Pen Pal Solicitations, by David Reutter
- $50 Million in Grants Targets HIV in the Criminal Justice System
- Pro Se Virginia Prisoner Settles Religious Exercise Suit
- $3.5 Million Settlement in Teen’s Death at New York Juvenile Facility
- Texas Legislator Uses Prisoner-Made Goods as Gifts for Campaign Contributors, by Matthew Clarke
- Texas: Helping HIV+ Prisoners Receive Post-Release Meds
- BOP’s RDAP Program Unevenly Administered and Unnecessarily Costly, by Brandon Sample
- Florida Reports Indicate Restoration of Civil Rights Reduces Recidivism, by David Reutter
- Tenth Circuit Holds Sex Offenders Who Leave U.S. Must Still Register, by Derek Gilna
- Tainted Chicken Sickens Hundreds of Prisoners, Staff at Pennsylvania BOP Facility
- ACLU Challenges “Jail or Church” Program in Alabama
- “Fusion Centers” Gather Intelligence on U.S. Citizens, by Derek Gilna
- Kentucky Supreme Court Adopts Mailbox Rule Retrospectively
- Termination from Drug Treatment Program Fails to State Liberty Interest Claim
- California: ADA Protections Again Extended to Disabled State Prisoners Held in County Jails
- State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs, by Mark Wilson
- Fifth Circuit Rules on Prisoner’s ADA Claim; Issues Superseding Opinion
- Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees
- Ninth Circuit Grants Qualified Immunity to California Prison Officials for Denial of Outdoor Exercise During Lengthy Lock-down
- Tenth Circuit Affirms Denial of Qualified Immunity to Oklahoma Jail Official Who Failed to Follow Prescribed Medical Instructions
- First Circuit Holds that Delay in Treating HIV May Constitute Deliberate Indifference
- New York Court of Appeals Holds Sex Offense Does Not Prove Parental Neglect
- New Jersey Appellate Court Holds Attorneys for Female Prisoners Temporarily Transferred to All-Male Facility May be Entitled to Fees
- Single Incident of Deliberate Indifference Insufficient to Establish Policy or Custom
- Texas Teenager Killed at Private Juvenile Detention Center, by Matthew Clarke
- No Good Time for Time Spent in State Custody before Imposition of Federal Sentence
- Ninth Circuit Holds BOP Individual RDAP Determinations Not Subject to Judicial Review
- Washington State Court of Appeals Holds Payments to Class II Prison Workers Are “Wages” for Time-Loss Compensation Calculations, by Matthew Clarke
- Georgia Court Clerk Liable for Failure to Inform Prison Officials of Sentence Reduction
- Florida Death Row Prisoners Cannot Challenge Sentence Pro Se
- Former Mississippi Mayor Charged with Sexually Assaulting Prisoner
- “Voluntary” Work Program in Private Detention Centers Pays Detained Immigrants $1 a Day, by Yana Kunichoff
- Vermont DOC Disbands Citizens’ Advisory Group that Critics Called “Window Dressing” for Transparency, by Ken Picard
- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
- Incompetent Louisiana Sex Offender’s Challenge to Registration Requirements Proceeds, Dec. 15, 2024. Sex Offender Registration, Sex Offenders (Discrimination), Sex Offense Registration Act (SORNA).
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024. Sex Offender Registration and Notification Act, Restrictions, discrimination, Constitutional Challenges/Law.
- California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry, Oct. 1, 2024. Sex Offender Registration and Notification Act.
- Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law, Oct. 1, 2024. Sex Offender Registration, Retroactivity.
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024. Retroactivity, Guideline Amendment/Variances and Retroactivity, Compassionate Release.
- Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, Aug. 1, 2024. Sex Offender Registration, Civil Commitment, Sex Offender Classification.
- Oregon Parole Board Ordered to Consider Sex-Offense-Free Time When Setting Sex Offender Notification Levels, July 1, 2024. Sex Offender Registration, Sex Offender Registration and Notification Act, Sex Offender Classification.
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024. Sex Offender Registration.
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024. Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military.