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Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional
Loaded on Nov. 16, 2017
by Matthew Clarke
published in Criminal Legal News
December, 2017, page 11
Filed under:
Sex Offenders (Discrimination).
Location:
North Carolina.
by Matt Clarke
On November 30, 2016, the U.S. Court of Appeals for the Fourth Circuit affirmed a federal district court’s judgment that portions of the North Carolina sex offender restrictions statute were unconstitutional.
John Does #1 through #5 (collectively, the “Does”) are persons who have been …
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More from this issue:
- Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America, by Christopher Zoukis
- Study’s Data Show Racial Disparity in Plea Bargaining Outcomes, by Derek Gilna
- Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional, by Mark Wilson
- Evidence Scandal Leads to the Dismissal of over 140 Texas Criminal Cases, by Matthew Clarke
- Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable, by Christopher Zoukis
- Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment, by Derek Gilna
- California SVP Determination Based on Hearsay Evidence Reversed, by Mark Wilson
- Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted, by David Reutter
- Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine, by Mark Wilson
- News in Brief
- Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter, by Mark Wilson
- Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again, by Mark Wilson
- Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute, by Mark Wilson
- D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions, by Richard Resch
- Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary, by David Reutter
- Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause, by David Reutter
- Georgia Supreme Court Rules Flipping the Bird Is Not Disorderly Conduct, by Christopher Zoukis
- New Study: “Broken Windows” Policing May Not Be as Effective as Thought, by Christopher Zoukis
- California Felonizes Some Prosecutorial Misconduct, by Matthew Clarke
- Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis, by Mark Wilson
- Proof of Law Enforcement Duty Is Primary Job to Establish Peace Officer Status, by David Reutter
- Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally!, by Mark Wilson
- Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment, by Christopher Zoukis
- Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard, by Richard Resch
- Nevada Supreme Court: Mistrial Due to Egregious and Improper Conduct by Prosecutor Bars Retrial, by Christopher Zoukis
- Several States Bar Landlords from Automatically Denying Housing to Felons
- Habeas Hints: SCOTUS Review 2016–17, by Kent Russell, Tara Hoveland
- Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional, by Matthew Clarke
- Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary, by Christopher Zoukis
- Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault, by Christopher Zoukis
- Kentucky Court Rules Death Penalty Statute Applied to Defendant under 21 Years Old Unconstitutional, by Mark Wilson
More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
More from these topics:
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- Incompetent Louisiana Sex Offender’s Challenge to Registration Requirements Proceeds, Dec. 15, 2024. Sex Offender Registration, Sex Offenders (Discrimination), Sex Offense Registration Act (SORNA).
- Minnesota’s $100 Million-Per-Year Civil Commitment Program Has No “Discernible Impact” on Sex Crimes, Oct. 15, 2024. Sex Offenders (Discrimination), Databases, Civil Commitment.
- Louisiana Becomes First State in Nation to Allow Judges to Order Surgical Castration for Sex Offenders, Oct. 1, 2024. Sex Offenders (Discrimination), Surgery, Sex Offender Treatment, Chemical Castration.
- West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage, Jan. 1, 2024. Prisoner-Prisoner Assault, Sex Offenders (Discrimination), Failure to Protect (General).
- Convicted Sex Offender Now a Licensed Attorney in Washington State, Oct. 15, 2023. Sex Offenders (Discrimination), Attorneys.
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023. Transfers, Sex Offenders (Discrimination), Arraignment Delay, Immunity - Absolute and Qualified.
- Third Circuit Unbothered by Pennsylvania’s Discrimination Against Sex Offenders in Denying Parole to Halfway Houses, April 1, 2023. Parole Board Misconduct, Sex Offenders (Discrimination), halfway houses.
- Fifth Circuit Finds No Liability for Dallas DA Who Improperly Relied on Polygraph to Imprison Sex Offender for 13 Years, Feb. 7, 2023. Sex Offenders (Discrimination), Wrongful Conviction, Immunity - Absolute and Qualified, Polygraph Evidence/Testing.
- Families Protest Private Texas “Shadow Prisons” for Released Sex Offenders, Feb. 2, 2023. Private Prisons, Sex Offenders (Discrimination), Control Units/SHU/Solitary Confinement, Civil Commitment.





