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gundy-decision-could-signal-fundamental-reform-administrative-state

It is hard to describe how important the Supreme Court decision last week in Gundy v. United States is. In one sense, nothing changed—no case was overturned, no new law was made, and Mr. Gundy is still going to jail. But in another way, the Gundy ruling suggests that the way our government works will…

Case Law director 07/01/2019 @ 22:51

Law allowing no exceptions to sex offender registration is unconstitutional, Alaska Supreme Court rules

The Alaska Supreme Court has ruled that the state’s sex offender registry law violates offenders’ right to due process. In an opinion handed down Friday, the court — voting 3-2 — found the law requiring all offenders to register unconstitutional, unless offenders are first given the opportunity to demonstrate they aren’t a danger to the…

Case Law director 06/21/2019 @ 18:20

S18A1211. PARK v. THE STATE. MELTON Chief Justice

S18A1211. PARK v. THE STATE. MELTON, Chief Justice. We granted an interlocutory appeal in this case to address Joseph Park’s facial challenge to the constitutionality of OCGA § 42-1-14, which requires, among other things, that a person who is classified as a sexually dangerous predator – but who is no longer in State custody or…

Case Law director 03/18/2019 @ 18:10

Earnest Leap Exoneration

On December 1, 1989, 5-year-old Brodie Leap, in response to repeated questioning by his mother, said that his father, 31-year-old Earnest Leap, had fondled his genitals. The accusation came about three months after Earnest and the boy’s mother had finalized their divorce and Earnest was given primary custody of Brodie and his brother, Josh. In…

Case Law, Family Factors director 01/07/2018 @ 21:12

No Automatic Disbarment for Child Sex Offenses, Court Rules

In a ruling that ethics attorneys say is not as startling as it might appear, the New Jersey Supreme Court on Wednesday indefinitely suspended two lawyers and disbarred a third for sex offenses involving children, but stopped short of issuing a bright-line disbarment rule in such cases. In a 6-1 ruling, the majority declined to…

Case Law director 05/25/2017 @ 15:20