Criminal Law

Kerr on Comstock

Posted on January 12, 2010
Orin Kerr at Volokh Conspiracy actually attended the Comstock argument and had these thoughts about how things went: Just based on my recollections of the argument, I thought SG Kagan made a much broader Commerce Clause argument at oral argument...

Reading Comstock Tea Leaves

Posted on January 12, 2010
To show that different people take away varied impressions of the same oral argument, Doug Berman has a funny juxtaposition of two newspaper stories about the Comstock argument. The first commenter at SL&P seems to think that the government lost...

My Prediction of the Outcome in Comstock

Posted on January 12, 2010
I'm probably completely wrong, but based upon the oral argument I think that this is how the Justices will vote: Roberts: Government Scalia: Comstock Thomas: Comstock Alito: Government Kennedy: Government Stevens: Government Ginsburg: Government Breyer: Government Sotomayor: Comstock I could...

Key Points from Comstock's Oral Argument and Government's Rebuttal

Posted on January 12, 2010
Justice Ginsburg again focuses on the analogy to the commitment of those found to be insane (which I think is not persuasive). This was DuBois' reply: MR. DUBOIS: No, Justice Ginsburg. I think not guilty by reason of insanity is...

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Key Points from the Government's Oral Argument

Posted on January 12, 2010
Kagan, for the government opens with this contention: To see why, to understand the basis for this statute, it might be helpful to go all the way back to 1945, when what this Court later called "a conspicuously able committee...

Comstock Oral Argument Transcript is Available

Posted on January 12, 2010
It is here. I'll read through it and post about it later.

Early Comstock coverage

Posted on January 12, 2010
SCOTUSBlog has a very good preview of the oral argument in Comstock. How Appealing has a roundup of some media coverage. And Sentencing Law & Policy has Berman's initial thoughts in anticipation of the argument transcript being issued later today....

Ohio Supreme Court Hears Four Cases On AWA Implementation

Posted on January 11, 2010
Speaking of the Adam Walsh Act, the Ohio Supreme Court recently heard four separate cases concerning the implementation of the Walsh Act. The Columbus Dispatch has more. You may view video of all four oral arguments and the online docket...

Why Comstock Matters

Posted on January 11, 2010
While the facts in Comstock are about at least one very bad person who will be diverted to a civil commitment facility, the importance of the case extends well beyond the fate of Graydon Earl Comstock, Jr. Among the constituencies...

KY AG Asks SCOTUS To Hear Residency Case

Posted on January 08, 2010
After losing in the state Supreme Court, Kentucky Attorney General Jack Conway has asked the U.S. Supreme Court to decide whether Kentucky's sex offender residency restrictions may be applied retroactively. You may view the petition for a writ of certiorari...

Student Post - Sixth Circuit Affirms One-Day Setence for Downloading Child Pornography

Posted on January 08, 2010
In a September 2009 opinion, the Sixth Circuit Court of Appeals upheld a district court sentence of a one-day incarceration and ten-year period of supervised release after the defendant plead guilty to two counts of knowingly receiving child pornography...

Ohio Shorthanded in Its Efforts to Monitor Sex Offenders

Posted on January 07, 2010
Ohio might be the only state in compliance with the Adam Walsh Act, but it is also entirely shorthanded in its mission to monitor local sex offenders. From Cleveland.com: Cuyahoga County has the most sex offenders in Ohio, but only...

Student Post - Confrontation Clause vs Illinois 115-10 Code in Child Sexual Abuse Cases

Posted on January 07, 2010
In many child sexual abuse cases, the child victim is either unable or unwilling to testify at a trial. This causes many problems for Prosecutors as the primary evidence against the alleged perpetrator is the child victim?s testimony. The child...

NY AG Gets Social Networking Sites To Ban More Sex Offenders

Posted on January 06, 2010
New York Attorney General Andrew Cuomo has a press release touting how 13 new social networking sites have agreed to remove NY sex offenders from their sites. From the press release: As of today, 15 major social networking companies have...

Nebraska Supreme Court Rules In Favor of Sex Offender

Posted on January 06, 2010
A helpful reader sent word that the Nebraska Supreme Court ruled in favor of a sex offender finding that a lower court improperly determined the duration of the defendant's sex offender register. You may read the opinion in State v....

Student Post - Links to Sex Crimes to Follow Texas Suspects

Posted on January 06, 2010
A recently published article in the Wall Street Journal talks about a new law that was put into effect on September 1, 2009 in Texas. This new law allows prosecutors and parole boards, for the first time in the history...

Go Hawkeyes!

Posted on January 06, 2010
http://espn.go.com/ncf/recap?gameId=300050059

Yes, Criminal Adultery Statutes Still Exist

Posted on December 22, 2009
New Hampshire may finally eliminate their criminal adultery statute from the books: The original punishments ? including standing on the gallows for an hour with a noose around the neck ? have been softened to a $1,200 fine, yet some...

Another "Sex Offender" in Virginia

Posted on December 22, 2009
Radley Balko at the Agitator has a story from my home state of Virginia about an unusual sex offender. This was Balko's colorful take on the incident and conviction: Erick Williamson, the Springfield, Virginia man arrested earlier this year for...

Amicus Curiae Brief in Carr v. United States

Posted on December 12, 2009
Together, Doug Berman, Wayne Logan, and I authored an amicus brief on behalf of law professors in the case of Carr v. United States. Wherease the petitioner's brief primarily focused on the statutory interpretation issues in the case, our brief...

Blogging to Resume Soon

Posted on December 08, 2009
I apologize for the break in blogging. The end of a semester drastically increases my time in the office working with students. And, more significantly, I have been working on an amicus brief in Carr v. United States that will...

"Jessica?s Law too vague to enforce?"

Posted on December 02, 2009
Thanks to CrimProf Blog, we see this interesting article from the San Diego Union-Tribune pointing out various problems with Jessica's Law implementation. From the article: Jessica?s Law, which was approved by California voters in November 2006, toughened sanctions against sex...

Oral Argument Dates Approaching In Carr, Comstock

Posted on December 01, 2009
SCOTUSblog reports that the Supreme Court has released its schedule for oral arguments this session. You may read the schedule here. Two important sex crimes cases are also coming up on the Court's calendar. United States v. Comstock will be...

Polanski Wins Bail Request

Posted on December 01, 2009
Oscar-winning director Roman Polanski has been granted bail while he awaits a ruling on his extradition request by U.S. authorities for rape charges in California. Above the Law and WSJ.com Law Blog have more. From the Wall Street Journal: A...

Nursing Homes And Sex Offenders

Posted on November 30, 2009
The Chicago Tribune has an interesting article about Illinois sex offenders in nursing homes. According to the article, most sex offenders who live in nursing homes are not listed on the registry. From the article: Under Illinois law, families researching...

NJ Parole Board Finds Sex Offender Polygraph Testing Effective

Posted on November 19, 2009
The New Jersey Star-Ledger is reporting that the state parole board has released an internal study claiming that the use of polygraphs on paroled sex offenders has been effective in detecting and preventing parole violations. According to the article, almost...

Group Seeks To Ban MA Sex Offenders From Homeless Shelters

Posted on November 19, 2009
The Boston Globe has an interesting article discussing a new push to ban sex offenders from homeless shelters. From the article: As the state?s steep budget cuts have forced organizations that help the homeless to cut beds, staff, and programs,...

Female High School Teacher Gets 12 Years For Sex With 17 Year Old Aide

Posted on November 19, 2009
A female high school teacher in Tennessee was recently convicted of having sex with a 17 year old male teacher's aide and received a 12 year sentence. Volokh and Above the Law have more. From the Tennessean: District Attorney Ray...

Almost a Sex Crime: Lawyers and Clients

Posted on November 17, 2009
Above the Law has a post about whether attorneys should be allowed to have sex with their clients. The post mentions that California and Texas are considering banning sex with clients in most situations. The proposed language is very similar...

Is Carrie Prejean A Sex Offender?

Posted on November 14, 2009
Carrie Prejean has generated a lot of news lately. Recently, the Former Miss California sued Miss California producer K2 Productions for religious discrimination allegedly for firing her after she made public comments opposing same-sex marriage. It is now rumored that...

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