Coleman v. Dretke.U.S. Appeals Court PAROLE -- REVOCATION revocation n. 1) mutual cancellation of a contract by the parties to it. 2) withdrawing an offer before it is accepted. ("I revoke my offer"). 3) cancelling a document before it has come into legal effect or been acted upon, as revoking a will. 4) to recall a power or authority previously given as cancelling a power of attorney or cancelling a driver's license due to traffic offenses. (See: contract, will) PAROLE -- DUE PROCESS PAROLE -- CONDITIONS SEX OFFENDER sex offender n. generic term for all persons convicted of crimes involving sex, including rape, molestation, sexual harassment and pornography production or distribution. In mosst states convicted sex offenders are supposed to report to local police authorities, but many do not. (See: rape, molestation, sexual harassment, pornography) Coleman v. Dretke, 395 F.3d 216 (5th Cir. 2004). A state prisoner who had been indicted for aggravated sexual assault of a child and indecency with a child, but had been convicted of only misdemeanor assault, challenged the revocation of his parole for his failure to enroll or participate in therapy. The prisoner alleged that the state violated his right to due process by imposing, without advance notice or a hearing, sex offender registration and therapy as conditions of his release. The district court denied his pro se habeas petition and the prisoner appealed. The appeals court reversed and remanded, finding that the state was required to provide procedural due process before imposing sex offender registration and therapy as conditions of release of a prisoner who had never been convicted of a sex crime. The appeals court found that the state's actions were not arbitrary and did not shock the conscience and therefore did not violate the prisoner's substantive due process rights. (Texas Department of Criminal Justice, Institutional Division) |
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