Tag Archives: court

RM181: Lifetime Placement on Sex Offender Registry Unconstitutional: SC Supreme Court Rules

On tonight’s program, we have a landmark case out of South Carolina that we’re going to talk about dealing with PFRs and the constitutionality of the registry. We have a lead in case we’re going to talk about the Armed Career Crime Act or ACCA. We’re going to talk about a Supreme Court decision. We’ve got a prisoner contribution. We’ve got a NARSOL member contribution from the website. And I think we’ve got a patron question, and we’ve got all sorts of good things. We’re gonna be here trying to jam pack all this into a one-hour podcast!

[1:47] Can the international Megan’s Law be valid? Shouldn’t something like that go through the treaty process?

[7:02] Would the mass media crucify right leaning politicians making improvements to the lives of PFRs?

[14:37] Transcript listener comment on the reliability of the podcast

[19:24] Lifetime Placement on Sex Offender Registry Unconstitutional: SC Supreme Court Rules

 

Read The Transcript RM181: Lifetime Placement on Sex Offender Registry Unconstitutional: SC Supreme Court Rules
https://www.registrymatters.co/transcript-rm181-lifetime-placement-on-sex-offender-registry-unconstitutional-sc-supreme-court-rules/

 

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RM103: State vs Morger – Illinois Social Media Ban Ruled Unconstitutional

Registry Matters 103 is in the house. We have an incredibly good decision for our side in Illinois. State vs Morger. They ruled that a social media ban is unconstitutional. They said that a probationer cannot be totally banned from the Internet; it must be narrowly tailored. This decision is great news for those on the registry and their ability to use the Internet.

In New Jersey, the text says “offense free”, not “sex offense free” to be removed from registry requirements; Mom is topless in her home may have to register as a sex offender; State of Illinois versus Conrad Morger – While on probation, a total ban on the Internet is ruled unconstitutional; Detainees in San Francisco jails are held for years with no natural light and other shameful conditions; Utah is piloting a program to afford those incarcerated with a college education; Online child abuse is an incredibly hard problem to solve and a patchwork of laws doesn’t make it any easier; Therapist had an inappropriate relationship with a patient; Inmates cost significantly more money as they age, a batch of articles covers death behind bars and a myriad of problems that go with it; West Virginia inmates that wish to read will be charged by the minute for the books on their tablets;

[2:37] https://www.courthousenews.com/registered-forever-nj-offenders-fight-for-reprieve/
New Jersey Registration_2019

[11:20] https://www.kwtx.com/content/news/Mother-charged-may-have-to-register-as-sex-offender-after-being-topless-in-her-home-565211722.html
Utah Statute_Lewdness_2019

[23:40] State v Morger_IL_Social Media Ban
https://www.vice.com/en_us/article/ev3qw7/how-to-quit-apple-microsoft-google-facebook-amazon

[58:20] https://www.courthousenews.com/judge-wades-into-debate-over-conditions-at-san-francisco-jails/

[1:03:10] https://www.kuer.org/post/prison-saved-my-life-utah-inmates-seeing-new-horizons-college-coursework?fbclid=IwAR3yOB3uDZfkUR7dui8mnoYmJofQdCftyazj59zrAKwiRSp-SdDMYWyCrhI#stream/0

[1:09:30] https://www.nytimes.com/2019/11/12/us/online-child-sex-abuse.html

[1:17:15] https://www.usnews.com/news/us/articles/2019-11-19/ap-exclusive-therapist-broke-rules-with-iowa-sex-predator

[1:20:00] https://theappeal.org/death-by-incarceration-pennsylvania-photo-essay/
https://theappeal.org/life-sentence-arkansas-clemency/
https://www.inquirer.com/opinion/editorials/pennsylvania-felony-murder-lifers-board-pardons-lieutenant-governor-john-fetterman-commutation-20191117.html
https://thehill.com/blogs/congress-blog/politics/470844-to-understand-death-behind-bars-we-need-more-information

[1:26:30] https://reason.com/2019/11/22/west-virginia-inmates-will-be-charged-by-the-minute-to-read-e-books-on-tablets/

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RM97: Touching Someone’s Arm is a Sex Crime

I’m pleased to announce Episode 97 of Registry Matters. We begin with a quick update of the civil commitment hearing for Galen Baughman. It isn’t great news, sadly. Then an update on the Georgia Halloween challenge. A listener phones in a question asking if it’s better to tell an employer, or keep it hidden. Court rules against revoking a man’s supervision for not answering his door; Court-ordered settlement agreement in South Carolina denying counsel to people who are poor, along with a settlement; Connecticut Supreme Court upholds constitutionality of sentencing a 14 year old to 40 years; A quick detour in the criminal justice position of the Democratic candidates; Virginia Governor restores civil rights to 22,000 felons; Victims advocates in Missouri are trying to remove the statute of limitations; DC individuals on ankle monitors can be audio recorded without any prior knowledge; Floyd County Georgia is implementing a system to flag registered persons before they can get on school campus; 19 year old in Manchester touched a 17 year old’s arm and is possibly going to be put on the registry; Newton County Georgia will have presentations for registrants on Halloween for the 13th year in a row; Scalia on evolving standards doesn’t mean they are improvements

[4:05] Breaking new regarding Galen Baughman and updates on the Georgia Halloween Challenge

[20:10] https://www.2dca.org/content/download/538326/6074902/file/181892_39_10042019_08163978_i.pdf

[29:10] https://thecrimereport.org/2019/10/11/a-victory-for-poor-defendants-in-south-carolina/

[42:05] https://www.law.com/ctlawtribune/2019/10/10/state-high-court-upholds-constitutionality-of-sentencing-child-to-40-years-imprisonment/

[49:30] https://www.themarshallproject.org/2019/10/10/2020-the-democrats-on-criminal-justice

[55:00] https://www.whsv.com/content/news/Virginia-governor-says-hes-restored-civil-rights-to-22K-felons-562728981.html

[57:35] https://www.stltoday.com/lifestyles/faith-and-values/advocates-call-for-missouri-to-join-other-states-in-lifting/article_94851dd6-14e5-5920-bc92-71d363230f1c.html

[1:07:00] https://www.washingtoncitypaper.com/news/article/21091206/dc-agency-purchases-ankle-monitors-that-can-record-defendants-every-word-and-motion

[1:14:00] https://docs.google.com/document/d/12xQ6hlefBGxqPoqN80_ShyD9WXvToD2KVkUXqolCPvw/edit?usp=drivesdk

[1:21:50] https://reason.com/2019/10/11/manchester-teen-griffiths-sex-offender-friend/

[1:25:30] https://www.covnews.com/news/crime/ncso-host-13th-annual-halloween-shut-sex-offenders/

[1:32:15] – Evolving standards could go both ways

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RM86: Snider v Indiana with Attorney Ashley Cloud

We are joined this week by Ashley Cloud, who is the is the staff attorney for Liberty & Justice Coalition, the New Mexico affiliate of NARSOL  We three take another swing at Gundy. Then we move over to Snider v Indiana, a huge victory handled down by a federal judge in Indiana a couple of weeks ago. We talk with Ashley about the new position she holds and what cases New Mexico is going to work on.

Our articles tonight first covers putting ankle monitors on people, with no rhyme or reason; Statute of limitations is over in Illinois. Over; An article from the Huffington post with a shocking title, with awesome content – The SO laws DO NOT make kids safer; How peremptory strikes are a misused tool by prosecutors; Scalia called Stevens arrogant, but it was evolved; Teen tazed by officer has brain damage four years later; The Feds are going to start executing people again for the first time in nearly 20 years; Over 20 academics in Philly call into question the reporting of increased crime; 25 Families of registered citizens file suit challenging the registry – This is VERY COOL!

[57:20] Antonin Scalia

[1:07:30] https://www.themarshallproject.org/2019/07/15/illinois-puts-ankle-monitors-on-thousands-of-people-now-it-has-to-figure-out-exactly-who-gets-tracked-and-why

[1:13:00] https://www.chicagotribune.com/politics/ct-sexual-assault-statute-of-limitations-20190726-pe7hwzphovf2vnvtfoddhmhlby-story.html
https://www.newyorker.com/magazine/2019/07/29/the-case-of-al-franken

[1:17:30] https://www.huffpost.com/entry/sex-offender-laws-dont-make-children-safer-politicians-keep-passing-them-anyway_n_5d2c8571e4b02a5a5d5e96d1

[1:23:30] https://theappeal.org/the-power-of-peremptory-strikes/

[1:27:25] https://theappeal.org/scalia-called-stevenss-evolution-arrogance-it-was-the-opposite/

[ 1:31:00] https://www.huffpost.com/entry/timothy-runnels-bryce-masters-taser_n_57571f6de4b07823f95188c9

[1:38:30] https://www.cnbc.com/2019/07/25/william-barr-orders-first-federal-executions-in-nearly-two-decades.html

[1:41:00] https://www.phillyvoice.com/two-dozen-philly-academics-inquirer-crime-coverage-undermines-criminal-justice-reform/

[1:48:50] https://www.moberlymonitor.com/news/20190723/federal-suit-challenges-sex-offender-registry

Snider v Indiana_2019

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RM66: Court Provides New Tool To Challenge Registration

On Episode 66 of Registry Matters, we cover a couple listener questions; New York Supreme Court says you can’t put someone on Sex Offender supervision for a non-sexual offense; Concrete thrown through window day after police detail removed; We have a double standard between sexes in sexual offenses; Democrats extend statute of limitations in New York leading to a big uptick in attorney shopping; SCOTUS oral arguments lead to speculation regarding cases involving registrants;  Sex trafficking (not really) in Florida; Vets with Tier III offenses forfeit their right of military burial; Man in Boone, Iowa is allowed on school property – but other parents don’t want him there; SCOTUS expands precedent on ineffective counsel; Compliance checks with a full on police force and camera crew – are you sure this is a civil regulatory scheme; Media outlet fearmongering on California bill; 3rd Circuit provides a new vehicle to get into court for relief (Great news!)

http://art19.com/shows/today-explained/episodes/1d31e5a8-440a-4528-b554-4df534cd210c

[24:25] http://www.nycourts.gov/reporter/3dseries/2019/2019_01267.htm

[30:10] https://www.msn.com/en-us/news/us/police-monitoring-of-sex-offenders-home-cost-nearly-dollar103000/ar-BBTW4BT

[32:50] https://www.azcentral.com/story/news/local/southwest-valley/2019/02/27/brittany-zamora-public-records-detail-goodyear-teacher-sexual-assault-allegations-student/2980023002/

[40:24] https://www.msn.com/en-us/news/basketball_nba/law-would-ban-sex-offenders-from-some-multi-unit-buildings-houses-in-maine/ar-BBU3y5v?ocid=st

[43:25] https://www.law.com/newyorklawjournal/2019/02/25/ny-law-firms-taking-more-child-sex-abuse-cases-in-wake-of-new-laws-enactment/

[52:20] https://www.scotusblog.com/2019/02/argument-analysis-court-poised-to-rule-for-challenger-in-dispute-over-constitutionality-of-sex-offender-law/
https://slate.com/news-and-politics/2019/02/gorsuch-sotomayor-jury-trial-haymond.html

[1:01:50] https://reason.com/blog/2019/02/25/florida-massage-parlor-sex-stings
[source] https://reason.com/archives/2015/09/30/the-war-on-sex-trafficking-is

[1:06:15] https://www.federalregister.gov/documents/2019/02/25/2019-03078/prohibition-of-interment-or-memorialization-of-persons-who-have-been-convicted-of-federal-or-state

[1:08:40] https://www.weareiowa.com/news/local-news/registered-sex-offender-allowed-in-boone-schools/1815220566

[1:12:00] https://www.courthousenews.com/supreme-court-expands-precedent-on-ineffective-counsel/
https://www.courthousenews.com/wp-content/uploads/2019/02/garza.pdf

[1:15:40] https://narsol.org/2019/03/routine-compliance-checks-are-anything-but/

[1:20:20] https://www.snopes.com/fact-check/ca-democrats-lgbtq-bill-pedophiles/
[source] https://web.archive.org/web/20190223185752/https://thewashingtonpundit.com/2019/02/21/ca-democrats-introduce-lgbtq-bill-that-would-protect-pedophiles-who-rape-children/

[1:22:05] https://www.registrymatters.co/wp-content/uploads/2019/03/Third-Circuit_2019_Habeas.pdf

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RM62: Halloween Hysteria Stopped In Its Tracks

Today’s episode covers a couple listener questions and a listener comment; 16 y/o succeeds in suicide after threat of criminal prosecution; Michigan law remains in place after 6th circuit decision; Officials in New York question the effectiveness of the registry; Homeless registrants in Hawaii possibly pushed into the sea; Victims Advocates get big victory in New York; Prisons in the US are creating huge database of voice signatures; Have you signed up for notifications of registrants moving into your neighborhood?; Arkansas derails Halloween hysteria bill

[31:00] https://www.theeagle.com/news/nation/judge-dismisses-lawsuit-alleging-police-school-district-contributed-to-student/article_14671a2b-b2db-57a2-8781-ced0c2f4b3ba.html

[36:30] https://www.thedailyreporter.com/news/20190101/changes-in-sex-offender-registration-challenged

[43:00] https://www.columbiapaper.com/2019/01/officials-question-impact-of-sex-offender-registry/

[54:15] https://registryreport.org/2019/01/28/hawaiis-homeless-registrants/

[58:30] https://theislandnow.com/news-98/child-victims-act-passes-extending-opportunities-for-survivors-to-file-charges/

[1:04:00] https://theappeal.org/prisons-across-the-u-s-are-quietly-building-databases-of-incarcerated-peoples-voice-prints/

[1:09:45] https://abcnews4.com/news/local/sled-sends-sex-offender-alerts-do-you-get-them

[13:30:00] https://www.arkansasonline.com/news/2019/feb/01/sex-offender-bill-dealt-setback-in-comm/
https://floridaactioncommittee.org/legislators-getting-clued-in-on-sex-offender-bs/

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RM62: Halloween Hysteria Stopped In Its Tracks


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RM55: States Rights Rule The Day

Larry and Andy cover an update about the appeal (or lack thereof) in NC in Meredith v. Stein; Attorney defending a guy of rape in the #MeToo era; Dire straights in Louisiana’s Public Defenders office; Farm bill passes with status-quo work requirements; You become out of sight, out of mind when you go to prison; GOP is possibly not the law and order party they profess; We probably shouldn’t lock up children with adults (what a concept); Why do people download CP; Out of Ohio, Doe vs. Michael Dewine, Ohio Attorney General

[13:00] https://abovethelaw.com/2018/12/trying-a-sex-case-as-a-woman-in-the-metoo-era/
https://www.wnycstudios.org/story/object-anyway

[22:00] https://www.theadvocate.com/baton_rouge/news/politics/article_2c1eb370-fe35-11e8-9599-e7bf2f7d1341.html
https://www.sltrib.com/news/2018/12/10/utahs-troubled-public/

[36:00] https://www.npr.org/2018/12/11/673453156/farm-bill-compromise-reached-with-snap-changes-out-industrial-hemp-in

[42:20] https://www.themarshallproject.org/2017/04/03/what-i-learned-about-justice-reporting-from-inside-prison

[50:00] https://www.washingtonpost.com/opinions/is-the-gop-the-law-and-order-party-not-so-much/2018/12/10/b646336e-fcc0-11e8-ad40-cdfd0e0dd65a_story.html
https://www.washingtonpost.com/opinions/jeffrey-epsteins-plea-deal-is-a-travesty-but-we-can-still-find-justice/2018/12/11/de73fdd0-fd79-11e8-83c0-b06139e540e5_story.html?noredirect=on&utm_term=.76b868339dfd

[1:00:00] https://www.themarshallproject.org/2018/12/12/the-criminal-justice-reform-bill-you-ve-never-heard-of?ref=hp-1-111

[1:05:20] https://www.psychologytoday.com/us/blog/witness/201705/why-are-these-men-downloading-child-pornography

[1:12:00] No17-3857

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RM40 – Don’t Hold Back Your Social Media Password

The Registry Matters Podcast moves into episode 40 this week. First up is to self congratulate for reaching > 100 YouTube subscribers. We have a branded YouTube Channel!!! Hooray. https://www.youtube.com/c/RegistryMatters. An article from the Economist posits why support for the death penalty is going up; Failure to report your social media passwords could put you behind bars; The California Bail bill might not be as great as everyone things; New sexual misconduct rules from the feds; Officer who shot 15y/o gets 15 years; Defendants pay to plead guilty in PA; a decision from the 7th circuit court of appeals against the homeless; Criminal justice system in SF waives fees for 21k people; an opinion piece by Lenore Skenazy; Intellectually challenged teen has sentence removed, but still in treatment to reduce recidivism; and podcast interview w/ Emily Horowitz. WOW! All of that content this week. Holy cow.

[10:00] The Economist: Why support for the death penalty is rising again in America
https://www.economist.com/the-economist-explains/2018/08/24/why-support-for-the-death-penalty-is-rising-again-in-america

[19:10] Buffalo News: Sex offender gets jail for not reporting social media password
https://buffalonews.com/2018/08/30/sex-offender-to-serve-a-year-in-jail-for-not-reporting-social-media-password/

[23:30] The Marshall Project: So Much for The Great California Bail Celebration
https://www.themarshallproject.org/2018/08/30/so-much-for-the-great-california-bail-celebration

[36:50] The NY Times: New U.S. Sexual Misconduct Rules Bolster Rights of Accused and Protect Colleges
https://www.nytimes.com/2018/08/29/us/politics/devos-campus-sexual-assault.html?emc=edit_na_20180829&nl=breaking-news&nlid=53430114ing-news

[41:00] The Appeal.org: Defendants in PA pay a fee just to plead guilty
https://theappeal.org/in-pennsylvania-defendants-pay-a-fee-just-to-plead-guilty/

[49:30] NPR.org: Officer who shot 15 y/o boy in the back gets 15 years
https://www.npr.org/2018/08/30/643207427/texas-officer-who-fatally-shot-black-teen-sentenced-to-15-years-in-prison

[51:00] Decision from the 7th Circuit court of appeals
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-23/C:17-1449:J:Barrett:aut:T:fnOp:N:2207147:S:0

[1:06:50] The San Francisco Chronicle: Criminal justice system fees for 21k waived
https://www.sfchronicle.com/politics/article/Criminal-justice-system-fees-for-21-000-waived-13175850.php

[1:09:06] An opinion piece at the New York Times by Lenore Skenazy
https://www.nytimes.com/2018/08/23/opinion/stranger-fear-children-kidnapping-india.html

[1:15:00] https://www.youtube.com/watch?time_continue=2&v=N3fHkCFxgQQ

[1:18:00] The Appeal.org: Case Of Intellectually Disabled Teen Falsely Accused Of Sex Offense Reveals Registry Flaws
https://theappeal.org/case-of-intellectually-disabled-teen-falsely-accused-of-sex-offense-reveals-registry-flaws/?platform=hootsuite

[1:21:13] Thaddeus Russell podcast Unregistered interview with Emily Horowitz
http://www.thaddeusrussell.com/podcast/62

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Episode 23 – Acquitted But Guilty Anyway

Episode 23
2018/05/05

We have a guest joining us tonight. Joshua B Hoe. Josh is the co-host of the podcast Decarceration Nation which is a podcast about radically changing the way America does criminal justice. He’s recently interviewed gubernatorial candidates in Michigan and book authors on CJ reform. Josh is also a published author. And hard charging his Bars2Ballots campaign.

https://medium.com/@ypsifactj/bars2ballots-4b5f29a5b64b

From NorthJersy.com: Bill Cosby verdict sends ‘strong message’ to victims, NJ experts say

Judge O’Neill allowed for five other accusers to testify as prior bad act witnesses during the retrial, explained Levy. Although prior bad acts are generally not admissible, there are exceptions, he said. “None of these prior bad acts were proven in court,” said Levy. “That’s going to be on this issue of appeal.”

https://www.northjersey.com/story/news/crime/2018/04/27/bill-cosby-verdict-sends-strong-message-experts-say/556363002/

From Criminal Legal News: The Sex Offender Registry: It’s Not What You Think
Sandi, a board member of NARSOL provides a lot of information about the misinformation of what the registry is. Including 40% on the registry committed their crimes as juveniles, for things like ‘mooning’ or ‘playing doctor’. She also presents evidence that 70% of those on the registry would be considered the lowest level of risk followed by 20% fo moderate risk and only 10% would be considered the highest risk.

https://www.criminallegalnews.org/news/2018/apr/19/sex-offender-registry-its-not-what-you-think/

From Maine Public.com – Maine Towns Allowed To Ban Sex Offenders From Parks, Fields
A new law allows municipalities to prohibit sex offenders from coming within 750 feet of such property. Officials in Madawaska had argued that state law only allowed municipalities to ban such individuals who come near property leased to nonprofits.
http://mainepublic.org/post/maine-towns-allowed-ban-sex-offenders-parks-fields

From Missourinet.com – Missouri Supreme Court hears case on prosecutor who targeted letter writers in sexual assault case
The National Association of Criminal Defense Lawyers and the Missouri Association of Criminal Defense Lawyers joined together to submit a Friend of the Court document in support of the Chief Disciplinary Counsel’s proposal to impose sanctions on Prosecutor Zahnd.
https://www.missourinet.com/2018/05/02/missouri-supreme-court-hears-case-on-prosecutor-who-targeted-letter-writers-in-sexual-assault-case/

From The PBS Newshour – Missouri public defenders are overloaded with hundreds of cases while defendants wait in jail. The Sixth Amendment to the Constitution guarantees every American facing trial the right to a lawyer, even if they cannot afford one. But across the country, the public defender system is being stretched to the breaking point, and Missouri may be ground zero.
https://www.pbs.org/newshour/show/missouri-public-defenders-are-overloaded-with-hundreds-of-cases-while-defendants-wait-in-jail

From ProPublica.org – Baltimore to Pay Largest Settlement in City History – $9 Million – to Man Wrongfully Convicted of Murder.  James Owens, who was featured in a ProPublica investigation last year, sued police detectives for the alleged misconduct that landed him in prison for 21 years. Prosecutors had tried to make him take a controversial plea deal.
https://www.propublica.org/article/baltimore-to-pay-largest-settlement-in-city-history-9-million-to-man-wrongfully-convited-of-murder

Homeless Sex Offenders Are Getting Kicked Out Of Their South Florida Encampment. Now What?
http://www.miamiherald.com/news/local/community/miami-dade/article210509304.html
Homeless sex offenders living in tents outside Hialeah say they have nowhere to go
https://theintercept.com/2018/05/05/homeless-sex-offenders-florida-miami-dade/

From Appellate Squawk – The Court of Appeals believes the victim (even when the jury doesn’t)
In a 6-1 opinion, with only the redoubtable Judge Rivera dissenting, the Court upheld the lower court decision putting the defendant on the internet Sex Offender Registry for the rest of his life based on acquitted charges.
https://appellatesquawk.wordpress.com/2018/04/29/the-court-of-appeals-believes-the-victim-even-when-the-jury-doesnt/amp/