Search for: "Sex Offender Issues"
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28 Aug 2020, 1:13 pm
In 2018, during the defendant’s annual review, the defendant produced two expert reports that stated that the defendant had made significant progress in the program for sex offenders that he participated in and no longer needed to be committed. [read post]
27 Aug 2020, 1:06 pm
As such, the policy grossly offends the Constitution’s basic guarantee of equal protection under the law. [read post]
20 Aug 2020, 5:00 am
As to the issue of efficacy of SBM, at the SBM hearing a DPS employee testified regarding a 2015 California study of GPS monitoring of sex offenders and that study was introduced into evidence. [read post]
15 Aug 2020, 4:29 am
These cases involved preconception agreements with reciprocal waivers of paternity and child support claims between a same-sex married female couple, on the one hand, and a known sperm donor on the other. [read post]
14 Aug 2020, 11:21 am
[The issue may be headed for the Supreme Court, which hopefully will reverse its 1981 ruling in Rostker v. [read post]
13 Aug 2020, 4:52 pm
The post Nonautomatic Sex Offender Registration appeared first on North Carolina Criminal Law. [read post]
11 Aug 2020, 10:00 am
App. __ (July 21, 2020) (unpublished) (“While the Supreme Court, in Grady, did not find the entire statutory scheme unconstitutional, its strong dicta addressing the constitutionality of the statutory scheme on its face in effect left no viable constitutional path for anyone, including recidivist sex offenders not under supervision, to be subject to SBM under our General Statutes, sections 14-208.40 to -208.45″). [read post]
6 Aug 2020, 4:48 pm
For example, the definition of “aggravated offense” in the sex offender registration law covers defendants who engage “in a sexual act involving vaginal, anal, or oral penetration. [read post]
5 Aug 2020, 12:42 pm
The trial judge conducted a separate hearing the same day on whether the defendant would be required to register as a sex offender pursuant to G.S. 14-202(l). [read post]
1 Aug 2020, 7:23 am
Case three considers the argument that furlough is a form of incarceration and therefore the sex-offender-reporting requirements—which exempt persons from reporting while “incarcerated”—don’t apply. [read post]
31 Jul 2020, 7:56 am
An individual’s presence on the sex offender registry may prevent him or her from taking certain types of jobs or going into certain fields. [read post]
29 Jul 2020, 8:04 pm
In a post last year, here, I discussed some of the issues related to sex offender registration for out-of-state offenses. [read post]
25 Jul 2020, 10:56 am
“The defendant pleaded guilty in November 2012 to two charges of possession of child pornography and one charge of failure to register as a sex offender. [read post]
24 Jul 2020, 4:32 pm
In Globe Newspaper Co., the Court held that the First Amendment guaranteed a qualified right of access to criminal trials even during the testimony of minor victims of a sex offense. [read post]
17 Jul 2020, 1:03 pm
These include certain firearm offenses, crimes against the public, Ethics Act violation, or certain crimes if you are a registered sex offender. [read post]
17 Jul 2020, 6:30 am
A famous athlete tries to use his platform to bring attentionto the issue by kneeling during national anthem. [read post]
17 Jul 2020, 3:00 am
As a White House lawyer, he pushed to overturn the prohibition, raising the issue with influential administration officials, and creating pressure within the State Department. [read post]
15 Jul 2020, 4:20 pm
The fact that others may personally disagree with or be offended by a lawyer's expression does not establish a violation. [read post]
14 Jul 2020, 9:01 pm
Given the immateriality of knowing what is and is not legal, it perhaps should not matter whether you don’t know marital rape is wrong because you are unfamiliar with the law or whether you don’t know marital rape is wrong because you are ignorant of the law and you suffer from a mental disorder that prevents your brain from telling you that forcing sex upon a spouse is evil. [read post]
7 Jul 2020, 2:52 pm
” Lifetime or extensive monitoring of prior offenders: Also in August 2019, the North Carolina Supreme Court relied on Carpenter to invalidate mandatory lifetime GPS monitoring of sex offenders without an individualized assessment of the reasonableness of the search. [read post]
