Articles Posted in Collateral Consequences

Haven’t posted on this for a while. There’s a lot going on out there in terms of state and federal litigation. A significant issue relates to the types of restrictions on a sex offender. So, what are the limits on computer and technology use for those convicted of sex offenses? Although rules may vary, many…

Fifty State Survey of Adult Sex Offender Registration Laws Brenda V. Smith American University – Washington College of Law; American University – NIC/WCL Project on Addressing Prison Rape August 1, 2009 Abstract: This publication is part of a larger scholarly project and one in a series that aims to create a “legal toolkit” for addressing…

Jenny Roberts, Ignorance Is Effectively Bliss: Collateral Consequences, Silence, and Misinformation in the Guilty-Plea Process, 95 IOWA L. R. 119 (2009). ABSTRACT: In the 2009–2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result…

Thanks to CAAFLog there is news about the military mandatory release program imposed on those convicted and sentenced at court-martial. Judge Rogers of the 10th Circuit has found the program to be legal and constitutional, in Huschak v. Gray, 642 F. Supp. 2d 1268 (D. Kan. 2009). (United States v. Huschak, ACM 35382 (A. F.…

If you’ve been following Miller (sex offender registration issues) and Denedo (immigration issues similar to Padilla)(link to SCOTUSWiki documents), you’ve been following Padilla v. Kentucky. Here’s a link to United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006). Here’s a link to an LA Times editorial on Padilla. Here’s a link to Padilla on SCOTUSWiki.…

Courthouse News Service is reporting the following: A former Marine who allegedly used a government computer to access child pornography can’t be deported based on his conviction by special court-martial of violating military code, the 9th Circuit ruled. Honduran native Rigoberto Aguilar-Turcios was admitted to the United States as a legal permanent resident in 1996.…

Cory Yung at SexCrimes is reporting: DOJ issued a press release today announcing the first two jurisdictions to implement the Sex Offender Registration and Notification Act (SORNA), part of the Adam Walsh Act. The two jurisdictions? Ohio and the Confederated Tribes of the Umatilla Indian Reservation (in Oregon). While applauded as a important achievement, there…

This is the headline of an article on TheSlatest. Zoning laws have forced sex offenders in the Atlanta suburb of Marietta, Ga., to live in a makeshift camp in the woods—in spite of the fact that several of them own homes. According to the Associated Press, registered sex offenders in Marietta are being directed by…

This is the title of a comment on Cory Yung’s Sex Crimes blog. SCOTUSblog’s recent Petitions to Watch post, which lists cases that might be heard by the U.S. Supreme Court, includes a case raising constitutional issues with SORNA. The case, which we previously blogged about, is from the Seventh Circuit with an opinion by…

Pretty easy right? You do, you don’t. Ohio Sex Battery Not A ‘Crime of Violence’? Professor Jonathan Adler over at the Volokh Conspiracy has a post discussing the Sixth Circuit’s decision in United States v. Wynn, where a divided panel found that a defendant’s guilty plea to “sexual battery” under Ohio law was a not…