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The Habeas Citebook: Prosecutorial Misconduct

Articles by Lonnie Burton

Juvenile Sex Offenders in W.V. Not Required to Register After State Supreme Court Rules 'Adjudication' Not 'Conviction'

by Lonnie Burton

On February 14, 2017, the West Virginia Supreme Court issued a decision that under state law, a juvenile adjudicated guilty of a sex offense was not required to register as a sex offender because the sex offender registration statute did not explicitly require it. The high court's ...

Indiana Supreme Court: Juvenile May Not Be Ordered to Register as Sex Offender Until Release

by Lonnie Burton

On February 15, 2017, the Indiana Supreme Court reversed a Court of Appeals decision affirming a Fayette Circuit Court ruling which ordered a juvenile sex offender to comply with the state's registration requirements. The high court held that the plain and unambiguous language of the registration statutes ...

Second Circuit Certifies Question of Law in Bail Forfeiture Case to New York Court of Appeals

by Lonnie Burton

On November 15, 2016, the U.S. Court of Appeals for the Second Circuit asked the New York Court of Appeals to resolve a question of New York law in a case in which an arrestee sued a bail agent for refusing to return the bail fee after ...

Public Records Relating to Sex Offender Registry Not Exempt from Disclosure, Washington Court Rules

On April 7, 2016, the Washington State Supreme Court, in a 7-2 decision, overturned the ruling of a trial court that held sex offender registry information was exempt from disclosure under the state Public Records Act (PRA). The court's majority held that statutes relating to community notification of registered sex ...

$67,500 Settlement in Case of Mistaken Identity in Minnesota

by Lonnie Burton

On July 19, 2016, the city of Hopkins, Minnesota, finalized a settlement agreement in which it agreed to pay a man who was falsely arrested and charged with a sex offense a total of $67,500. The man spent three days in jail before he bailed out and ...

Nevada: Woman Freed After 35 Years Sues for Wrongful Murder Conviction

by Lonnie Burton

Homophobic police officers in Reno, Nevada framed a mentally ill woman for a murder she did not commit by labeling her a lesbian, withholding evidence and coercing a confession from her, her attorneys claimed in a lawsuit filed in August 2016. The woman spent 35 years in ...

 

 

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