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Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense
by David Reutter
The Supreme Court of Utah held that the Board of Pardons and Parole (“Parole Board”) violated a prisoner’s due process rights by adjudicating him a sex offender. The designation as a sex offender was based on unproven allegations in a police report and a mistrial without conviction ...
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More from this issue:
- Courts Have Made Social Media a Landmine for Defendants. Could It Change Soon?, by Steve Horn
- $600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison
- Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’, by Derek Gilna
- Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant, by Richard Resch
- Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial, by David Reutter
- New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release, by Dale Chappell
- #Policetoo: 35 States Allow ‘Consensual’ Sex Between Police and Detainees, by Christopher Zoukis
- Texas Court of Criminal Appeals Announces ‘Finality’ Under Sentence Enhancement Provision for Out-of-State Convictions Governed by Texas Law, by Dale Chappell
- Durham, North Carolina, Opts Out of Military-Style Training for Police, by Christopher Zoukis
- Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged, by Christopher Zoukis
- Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error, by Dale Chappell
- Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense, by David Reutter
- Eleventh Circuit Holds Florida Drug Trafficking Statute Indivisible and Overbroad for Removal Under Immigration and Nationality Act, by Dale Chappell
- Biased Facial Recognition Systems Are Coming to a Law Enforcement Agency Near You, by Christopher Zoukis
- Washington Supreme Court: Nexus Between Property Searched and Probation Violation Required for Warrantless Search of Probationer’s Property, by Dale Chappell
- Missouri High Court Holds Checkbox-Style Search Warrant Constitutes an Unconstitutional General Warrant, by Dale Chappell
- $1 Million Paid by NYC to Settle False Arrest Claim
- Government Eyes Are Watching You: We Are All Prisoners of the Surveillance State, by John W. Whitehead
- Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions, by Dale Chappell
- New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial, by Matthew Clarke
- Seattle to Toss Old Pot Convictions
- Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed, by Dale Chappell
- Fifth Circuit Grants § 2255 Petition Challenging Failure to Register Conviction for Ineffective Assistance of Counsel, by Christopher Zoukis
- FBI Data Reveal ‘War on Cops’ is Nonexistent, by Dale Chappell
- South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial, by Dale Chappell
- Pennsylvania Supreme Court Vacates Intellectually Disabled Prisoner’s Death Sentence, by Christopher Zoukis
- Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences, by Dale Chappell
- Ninth Circuit: Younger Abstention Not Appropriate in Habeas Case Challenging Lack of Constitutionally Sufficient Bail Hearing, by Christopher Zoukis
- Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death, by Dale Chappell
- Is FBI Using Classified Tools for Everyday Investigations?, by Christopher Zoukis
- Legally Thrown in Jail for Wanting to File a Complaint Against Police
- District Court Grants Bail in a Drug Case Over Government’s Typical Assertion That ‘No Condition or Combination of Conditions Would Reasonably Assure the Defendant’s Presence at Trial’
- Powerful District Attorney Lobbies Improperly Influence Law Making, by Matthew Clarke
- NYPD Hands Out Business Cards So Suspects Can Rate Their Encounter with Cops
- State Attorney in Vermont Won’t Prosecute Misdemeanor Opioid Treatment Drug Cases, by Betty Nelander
- News in Brief
- Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’, by Dale Chappell
- The Long, Dark History of Law Enforcement’s Warrantless Bus Searches, by Steve Horn
- Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking, by Dale Chappell
- Risk Assessment Software: Biased and No Better Than Human Behavior Prediction, by Christopher Zoukis
- Daily Caller Investigation Lays Opiate Crisis at Feet of DEA, by Derek Gilna
- SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional, by Richard Resch
- Dial T for Tyranny: While America Feuds, the Police State Shifts Into High Gear, by John W. Whitehead
- Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots, by Dale Chappell
More from David Reutter:
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025
More from these topics:
- Percentage Of Prisoners Serving Life Without Parole Is Up Despite Overall Decrease in Prison Population, July 15, 2025. Parole, Life without Parole (LWOP), Implementing the Total Sentence.
- New York Lifts Hiring Ban on Fired Striking Prison Guards, Announces Early Prisoner Releases, May 1, 2025. Work Strikes, Staffing, Parole, Guard Unions, Bail/Pretrial Release, Probation, Parole & Supervised Release.
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, Jan. 15, 2025. Parole, Overdetention, Victim's Rights to Enforce Collection.
- Incompetent Louisiana Sex Offender’s Challenge to Registration Requirements Proceeds, Dec. 15, 2024. Sex Offender Registration, Sex Offenders (Discrimination), Sex Offense Registration Act (SORNA).
- “Like Being Back in Jail”: Wisconsin Returns Released Sex Offenders to Lifetime GPS Monitoring, Nov. 15, 2024. Electronic Monitoring, Sex Offender Treatment, GPS Tracking Device, Probation, Parole & Supervised Release.
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, Nov. 1, 2024. Parole, Ineffective Assistance of Counsel, Remands/Rehearings/Resentencings.
- 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.
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, May 15, 2024. Parole, Probation, Parole & Supervised Release, Concurrent and Consecutive Sentences, Multiple Sentences, Aggregate Sentence.
- Alabama Denies Parole to Former Sheriff Convicted of Corruption, April 1, 2024. Misconduct/Corruption, Jail Misconduct, Parole, Release Decisions.