11th Circuit holds cant be convicted of both “possession” and “receipt” of CP

The 11th Circuit Court of Appeals (which covers Florida), last week held that being convicted of both “possession” and “receipt” of child pornography violates Double Jeopardy. The court found that “possession of child pornography is a lesser-included offense of receiving child pornography, so it violated the Double Jeopardy Clause for him to be convicted of both. The case can be

Read more

Budget breakdown: Minnesota to review sex offender registry program 30 years after it became law

“What we are understanding is the more we look at people as one whole person, we kind of see the impact that flagging someone for the rest of their life could have, especially on their family members and how they are able to contribute to society,” Rimestad said. The new working group must reflect diverse and marginalized voices, including the

Read more

IL: County sheriff’s deputies monitoring sex offenders

This isn’t that newsworthy except for the Deputy’s comments that registrants should be forced to remain in their county of conviction. Someone might want to remind him of the Privileges and Immunities Clause of the United States Constitution which states, “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” Freedom

Read more

CO: Appellate Court Upholds Internet Restrictions WHILE ON PROBATION

A Colorado Appellate Court ruled that Internet restrictions WHILE SOMEONE IS STILL ON PROBATION do not violate an individual’s first amendment right. The Court distinguished the current case (where the person was still on probation) from the US Supreme Court’s Packingham decision (where the person was not). The decision can be found here: https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2021/17CA1449-PD.pdf Remember… Internet restrictions CAN be imposed

Read more

ACLU: Lawsuit Challenges Coercive Plea Bargaining Used to Punish Thousands of People for Exercising Constitutional Rights

The American Civil Liberties Union and the ACLU of Arizona filed a federal class action lawsuit challenging the Maricopa County Attorney’s Office (MCAO) policy of making plea offers “substantially harsher” if people assert their rights to a preliminary hearing or a trial. This “retaliation policy” coerces thousands of guilty pleas per year and violates the Constitution. Moreover, the retaliation policy

Read more