In this case, the Court of Appeals held that although a statute prohibiting sex offenders from living within 1,000 feet of a school could not apply to sex offenders convicted before the statute was enacted, a trial court’s condition of probation prohibiting a sex offender from living within 1,000 feet of a school was valid.
The Court relied primarily on the principle that, apart from the statute prohibiting sex offenders from living within 1,000 feet of a school, a trial court has the authority to impose conditions on probation or parole. The Court determined that prohibiting a sex offender, in this case, a convicted child molester, from living near a school, is a permissible condition.
Another interesting aspect of this case is that the Defendant’s term of probation ended before the Court of Appeals reached its decision; therefore, the constitutionality of the restriction was moot as to the Defendant. The Court of Appeals decided, however, that it would still address the issue under an exception to the general rule that courts do not decide moot issues. The Court explained that the issue was of great public importance, would likely recur, and could evade appellate review, as probation terms would often expire before the Court of Appeals could issue an opinion on the issue. This aspect of the opinion is important for any practitioner appealing an issue that is moot as to the case at bar, but may affect other similarly-situated people.
The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.
Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.
Any links to other websites are not intended to be referrals or endorsements of those sites.
A representative will be in touch with you shortly.
An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.