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California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that a probation condition prohibiting possession of pornographic materials was impermissibly vague. Michael Gruis pleaded no contest to one count of possession …
Article • June 15, 2023 • from CLN July, 2023
Arkansas Supreme Court Reverses 11 Counts of Possession of Child Pornography Because CGI Images Do Not Depict Image of a Child by Douglas Ankney by Douglas Ankney The Supreme Court of Arkansas reversed the convictions against Jeremey Lewis on 11 counts of “distributing, possessing or viewing matter depicting sexually explicit …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Residency Restrictions
Cruel and Unusual: Residency Restrictions Force Registrant to Die Among Strangers by Eike Blohm, MD by Eike Blohm, MD A Texas woman was prevented from caring for her bedridden dying father in her home because she lived 894 feet from a playground. Similar to many states, the Lone Star State …
Article • June 15, 2022 • from CLN July, 2022
Filed under: Special Conditions
Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit vacated the U.S. District Court for the District of Wyoming’s imposition of a “Sexual Materials …
Article • March 15, 2022 • from CLN April, 2022
Ninth Circuit Announces Irizarry Didn’t Eliminate Wise Requirement That Sentencing Court Provide Notice of Special Conditions of Supervised Release Prior to Imposing Sentence by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Southern District of California …
Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of North Carolina’s special conditions of release that banned …
Article • February 15, 2021 • from CLN March, 2021
Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Ohio held that a condition requiring a man to “avoid impregnating a woman” while on probation for failing to pay child support was …
Article • December 15, 2020 • from CLN January, 2021
Fifth Circuit: Special Conditions of Supervised Release That Barred Use of Internet, Computers, and Electronic Devices for 10 Years Not Substantively Reasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the special conditions of supervised release imposed by the U.S. District …
Article • August 15, 2020 • from CLN September, 2020
Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fourth Circuit held that a criminal sentence was unreasonable where the district court failed to offer an explanation for a special condition …