United States Supreme Court
Orin S. Kerr, Decryption Originalism: The Lessons of Burr, 134 Harv. L. Rev. 905 (2021). Courtesy of John Wesley Hall @fourthamendment.com
The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to compelled decryption of a digital device.
Supreme Court of South Carolina
For those of us doing court-room work, one of the first questions asked of us is, "will I have to register?" In South Carolina the answer remains, "likely." But for how long is discussed in Powell v. Keel, No. 28033 (S.C. June 9, 2021).
Although we find the State has a legitimate interest in requiring sex offender registration and such registration is constitutional, SORA's requirement that sex offenders must register for life without any opportunity for judicial review violates due process because it is arbitrary and cannot be deemed rationally related to the General Assembly's stated purpose of protecting the public from those with a high risk of re-offending. Therefore, we hold SORA's lifetime registration requirement is unconstitutional absent any opportunity for judicial review to assess the risk of reoffending. We further hold subsection 23-3-490(E) permits dissemination of the State's sex offender registry information on the internet. We hereby reserve the effective date of this opinion for twelve (12) months from the date of filing to allow the General Assembly to correct the deficiency in the statute regarding judicial review. Nonetheless, because the circuit court has already held a hearing in this case and determined Respondent no longer poses a risk sufficient to justify his continued registration as a sex offender, Appellants shall immediately remove Respondent from the sex offender registry.
Air Force Court of Criminal Appeals
United States v. Perez. The military judge accepted Appellant’s guilty plea to possession and use of cocaine and use of methamphetamine. He was sentenced to 150 days confinement and forfeitures, and a BCD. Case remanded because of missing parts to the stipulation.
United States v. Wilson, III. An enlisted panel convicted Appellant of premeditated murder and also of intentionally causing the death of an unborn child. He was sentenced to LWOP, a DD, TF, RIR to E-1, and a reprimand.
Appellant raises 26 issues for our consideration on appeal:
Findings and sentence affirmed.
POTENTIAL APPELLATE CASE
United States v. PFC. He is accused of sexually assaulting XX in 2019 while she was unconscious. He is also accused of raping and groping other women on multiple occasions over the last four years. (Ed. note, oddly, the piece reports also the alleged victim's name, starting in the headline.)
United States v. Perez, previously noted. He pleaded guilty to several specifications and was sentenced to 179 days, RIR to E-7, and a reprimand.
PENDING APPELLATE CASE
United States v. Cabuhat. A staff sergeant has been sentenced to 30 years confinement "for crimes including sexually abusing a child, wrongfully photographing the child, and viewing and possessing child pornography."
NOT PENDING APPELLATE CASE
An Air Force Academy major was acquitted of all charges in a court martial that ended Sunday, the Air Force Academy said. Maj. EC was charged with one specification of abusive sexual contact, one specification of abuse of training leadership position, and two specifications of dereliction of duty.
-Current Term Opinions
Joint R. App. Pro.
Global MJ Reform
LOC Mil. Law