by Mark Wilson
Applying the Discovery Rule in determining when the applicable two-year statute of limitations (“SOL”) begins to run on “judicial deception” claims, the U.S. Court of Appeals for the Ninth Circuit held that a claim brought three-and-a-half years after a search warrant was executed was not time-barred because ...
by Mark Wilson
The Tenth Circuit held that Oklahoma's sex offender reporting and residency requirements do not amount to punishment.
Juston Shaw was convicted of a 1998 Texas sex offense. He moved to Oklahoma ten years later. At the time of his offense, Oklahoma had a sex offender reporting requirement ...
by Mark Wilson
The United States Court of Appeals for the Third Circuit held that a lower court's ban of a prison reform ad was unconstitutional. The court upheld a lower court's injunction, enjoining Philadelphia from prohibiting non-commercial speech advertisements at the airport.
In 2011, the National Association for the ...
by Mark Wilson
The Connecticut Supreme Court held that the improper exclusion of a prospective Spanish-speaking juror is not reversible unless prejudice is shown.
Jeffrey P. Gould was tried on a Connecticut sex crime. While the prosecutor was questioning a prospective juror during voir dire, the court interrupted to ask ...
by Mark Wilson
The Indiana Court of Appeals held that whether a person falsely uses another person's identity is "for an unlawful purpose" is an affirmative defense rather than an element of the offense.
Cassandra Collins was detained in Indiana's Delaware County Jail, facing pending criminal charges. She was represented ...
by Mark Wilson
The Ohio Supreme Court held that amendments to the state's sex offender registration law do not apply to defendants who committed their crimes before January 1, 2008.
In 1996, the Ohio legislature enacted Megan's Law, establishing a comprehensive system of classifying sex offenders into three categories: sexually-oriented ...
by Mark Wilson
The United States Court of Appeals for the Fifth Circuit held that a lower court did not abuse its discretion in refusing to continue a supervised release revocation hearing to allow the defendant to retain counsel.
On August 1, 2014, Van Allen Smith was sentenced to a ...
by Mark Wilson
The Arkansas Supreme Court held that the federal Driver's Privacy Protection Act (DPPA) does not prohibit public disclosure of information contained in vehicle accident reports from being released under the Freedom of Information Act (FOIA).
Attorney Daniel Wren sent a FOIA request to the Arkansas State Police ...
by Mark Wilson
The Missouri Supreme Court sitting en banc ruled that a sentencing court improperly revoked a defendant’s probation for failing to pay court costs without first inquiring into the reasons for his failure to pay.
On July 31, 2008, William Fleming pleaded guilty to two counts of domestic ...
