People v. Sweigart, 2021 IL App (2d) 180543 (February). Episode 807 (Duration 13:37)
The language in the charging instrument effects exactly what the state does and does not have to prove in a SORA violation case.
[Read more…]A Different Perspective On Bringing As Applied Challenges
People v. Rodriguez, 2019 IL App (1st) 151938-B (March). Episode 748 (Duration 7:30)
This first district court said Bringham does not preclude all as applied constitutional challenges.
Read moreDoes Bingham Create A Categorical Ban On All As-Applied Challenges?
People v. Kochevar, 2020 IL App (3d) 140660-B (February). Episode 747 (Duration 9:00)
3rd District Say Bingham prevents any kind of as-applied constitutional challenge to the SORA requirement.
Read moreState Not Allowed To Change Their Theory Of The Case On Appeal – Failure To Register As As A Sex Offender Reversed
People v. Kindelspire, 2018 IL App (3d) 150803 (October). Episode 559 (Duration 13:50)
Failure to register conviction is overturned when state changes their theory of the case on appeal. [Read more…]
Supreme Court Puts To Bed As Applied Constitutional Challenges To Having To Register Under SORA
People v. Bingham, 2018 IL 122008 (September). Episode 542 (Duration 9:17)
Appellate court has no jurisdiction to waive a sex offender registration requirement. [Read more…]
Another As Applied Challenge Results In An 18-Year Old Who Does Not Have To Register
People v. Kochevar, 2018 IL App (3d) 140660 (August). Episode 527 (Duration 8:40)
Another Romeo and Juliet Defender escapes from having to register as a sex offender. [Read more…]
Is The State Charging These SORA Cases All Wrong?
People v. Burchell, 2018 IL App (5th) 170079 (April). Episode 510 (Duration 9:59)
State’s SORA complaint was insufficient. [Read more…]
4 Illinois SORA (Sex Offender Registration Act) Cases To Know About
Episode 475 (Duration 26:13) Here are 4 cases on the Illinois Sex Offender Registration Act (SORA) You should know something about. [Read more…]
The “No Risk” v. “Low Risk” Conundrum For Juvenile Sex Offenders
In re T.J.D., 2017 IL App (5th) 170133 (November). Episode 449 (Duration 11:39)
Petitioner has to prove he poses “no risk” to reoffend even though evaluators never go beyond a “low risk” assessment. [Read more…]
Judge Can’t Order State Police To Remove Person From Sex Offender Registry
People v. McClenton, 2017 IL App (3d) 160387 (September). Episode 408 (Duration 6:55)
Judge can’t dismiss SORA charges or order ISP to remove a person from the sex offender registry. [Read more…]
Right To Petition To Terminate Obligation To Register As A Sex Offender Survives After A Subsequent Conviction
In re B.G., 2017 IL App (3d) 170144 (July). Episode 407 (Duration 5:24)
Defendant’s right to petition to end his sex offender registration was not terminated by his new offense. [Read more…]
In A SORA Prosecution The Duty To Register Must Be Proven By The State
People v. Jones, 2017 IL App (1st) 143718 (July). Episode 406 (Duration 8:56)
This SORA conviction is reversed because the state failed to prove defendant had a duty to register. [Read more…]