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Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis
Loaded on April 15, 2024
by Douglas Ankney
published in Criminal Legal News
April, 2024, page 16
Filed under:
Sex Offender Registration,
U.S. Sentencing Guidelines,
Sex Offender Registration and Notification Act,
Military.
Location:
Iowa.
by Douglas Ankney
In a case of first impression, the U.S. Court of Appeals for the Eighth Circuit announced that the categorical approach applies to the tier analysis of the Sex Offender Registration and Notification Act (“SORNA”), 18 U.S.C. § 2250(a).
Michael Ryan Coulson was convicted by court martial of “forcible ...
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More from this issue:
- Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, by David Reutter
- Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret, by Jo Ellen Nott
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, by Anthony Accurso
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, by Matthew Clarke
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, by Douglas Ankney
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, by Anthony Accurso
- What Happens When Prosecutors Offer Opposing Versions of the Truth?, by Ken Armstrong
- New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, by Douglas Ankney
- Research Shows It Makes Sense to Hire Individuals with Criminal Records, by Jo Ellen Nott
- Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, by Douglas Ankney
- AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique, by Jo Ellen Nott
- Does the Fourth Amendment Protect Cellphones at the Border?, by Douglas Ankney
- New York Governor Signs Law Sealing Millions of Criminal Records From Public View, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial, by David Reutter
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, by Anthony Accurso
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, by Anthony Accurso
- Tracking Your Cellphone Might Be Easier Than You Think, by Michael Thompson
- Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence, by David Reutter
- Time Served Under the First Step Act: Reduction, Not Revolution, by Jo Ellen Nott
- One Year of New Orleans Police Department Facial Recognition Data, by Michael Thompson
- Police Bodycams: If You Film It …, by Michael Thompson
- The FBI’s Rapidly Expanding DNA Database, by Anthony Accurso
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, by Dale Chappell
- ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, by Jo Ellen Nott
- New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error, by David Reutter
- Potential Dangers of Medical Monitors, by Michael Thompson
- FBI’s Bias for Keywords, by Carlo Difundo
- Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, by Jo Ellen Nott
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, by Anthony Accurso
- News in Brief
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More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- U.S. Navy Exonerates Wrongly Convicted Black WWII Sailors, Feb. 15, 2025. Wrongful Conviction, Military, Racial Profiling, Racial/Ethnic Bias/Profiling.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
- Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
- First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo, Dec. 15, 2024. U.S. Sentencing Guidelines, Grounds for Variance, 18 U.S.C. § 3582(c)(2), Plea Agreements/Guilty Pleas, Grounds.
- Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
- Incompetent Louisiana Sex Offender’s Challenge to Registration Requirements Proceeds, Dec. 15, 2024. Sex Offender Registration, Sex Offenders (Discrimination), Sex Offense Registration Act (SORNA).
