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6 Colorado opinions name it 2 courts 2009–2026 3 in the last five years
The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Smith v. Doegreen2 sentences2021This he cannot do." ) ; Vasquez v. Foxx , 895 F.3d 515, 520 ( 7th Cir. 2018 ) ( " SORNA 's registration regime for sex offenders is not penal in nature." ) ; Doe v. Miller , 405 F.3d 700, 723 ( 8th Cir. 2005 ) ( " [W] e conclude that the [ Appellees ] have not established the ‘clearest proof’ that Iowa's choice [in sex offender residency restrictions] is excessive in relation to its legitimate regulatory purpose, such that a statute designed to be nonpunitive and regulatory should be considered retroactive criminal punishment." ) ; Hatton v. Bonner , 356 F.3d 955, 967 ( 9th Cir. 2004 ) ( "When 2021This he cannot do." ) ; Vasquez v. Foxx , 895 F.3d 515, 520 ( 7th Cir. 2018 ) ( " SORNA 's registration regime for sex offenders is not penal in nature." ) ; Doe v. Miller , 405 F.3d 700, 723 ( 8th Cir. 2005 ) ( " [W] e conclude that the [ Appellees ] have not established the ‘clearest proof’ that Iowa's choice [in sex offender residency restrictions] is excessive in relation to its legitimate regulatory purpose, such that a statute designed to be nonpunitive and regulatory should be considered retroactive criminal punishment." ) ; Hatton v. Bonner , 356 F.3d 955, 967 ( 9th Cir. 2004 ) ( "When | 1 | 2 |
People v. Steadgreen2 sentences2017Mendoza-Martinez, 372 U.S. at 169 ; see also Rowland, 207 P.3d at 892 ; Stead, 66 P.3d at 120-21 . 1. 2017Mendoza-Martinez, 372 U.S. at 169 ; see also Rowland, 207 P.3d at 892 ; Stead, 66 P.3d at 120-21 . 1. | 1 | 2 |
Millard v. Rankingreen1 sentence2021In examining this factor of the Mendoza-Martinez test , we look to "whether CSORA 's registration requirements are ‘regarded in our history and traditions as a punishment.’ " Millard , 971 F.3d at 1182 ( quoting Smith , 538 U.S. at 97 , 123 S.Ct. 1140 ) . | 1 | 1 |
In the Interest of Justin B.green1 sentence2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 1 |
In re Amendment to Rule 25, South Carolina Rules of Family Courtgreen1 sentence2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 1 |
Joshua Vasquez v. Kimberly Foxxgreen1 sentence2021This he cannot do." ) ; Vasquez v. Foxx , 895 F.3d 515, 520 ( 7th Cir. 2018 ) ( " SORNA 's registration regime for sex offenders is not penal in nature." ) ; Doe v. Miller , 405 F.3d 700, 723 ( 8th Cir. 2005 ) ( " [W] e conclude that the [ Appellees ] have not established the ‘clearest proof’ that Iowa's choice [in sex offender residency restrictions] is excessive in relation to its legitimate regulatory purpose, such that a statute designed to be nonpunitive and regulatory should be considered retroactive criminal punishment." ) ; Hatton v. Bonner , 356 F.3d 955, 967 ( 9th Cir. 2004 ) ( "When | 1 | 1 |
In Re JWgreen2 sentences2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu 2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 1 |
People Ex Rel. Birkett v. Konetskigreen2 sentences2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu 2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 1 |
In Re the Welfare of C.D.N.green1 sentence2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 1 |
David Clinton Hatton v. Edward Bonnergreen1 sentence2021This he cannot do." ) ; Vasquez v. Foxx , 895 F.3d 515, 520 ( 7th Cir. 2018 ) ( " SORNA 's registration regime for sex offenders is not penal in nature." ) ; Doe v. Miller , 405 F.3d 700, 723 ( 8th Cir. 2005 ) ( " [W] e conclude that the [ Appellees ] have not established the ‘clearest proof’ that Iowa's choice [in sex offender residency restrictions] is excessive in relation to its legitimate regulatory purpose, such that a statute designed to be nonpunitive and regulatory should be considered retroactive criminal punishment." ) ; Hatton v. Bonner , 356 F.3d 955, 967 ( 9th Cir. 2004 ) ( "When | 1 | 1 |
Doe v. Millergreen1 sentence2021This he cannot do." ) ; Vasquez v. Foxx , 895 F.3d 515, 520 ( 7th Cir. 2018 ) ( " SORNA 's registration regime for sex offenders is not penal in nature." ) ; Doe v. Miller , 405 F.3d 700, 723 ( 8th Cir. 2005 ) ( " [W] e conclude that the [ Appellees ] have not established the ‘clearest proof’ that Iowa's choice [in sex offender residency restrictions] is excessive in relation to its legitimate regulatory purpose, such that a statute designed to be nonpunitive and regulatory should be considered retroactive criminal punishment." ) ; Hatton v. Bonner , 356 F.3d 955, 967 ( 9th Cir. 2004 ) ( "When | 1 | 1 |
Helman v. Stategreen1 sentence2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 1 |
In Re the Welfare of J.R.Z.green1 sentence2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 1 |
State v. Bochegreen2 sentences2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu 2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 1 |
People v. J.C. (In re J.C.)green2 sentences2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu 2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 1 |
Ronald S. Kammerer, Jr. v. The State of Wyominggreen1 sentence2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 1 |
United States v. Wardgreen2 sentences2021Mendoza-Martinez, 372 U.S. at 168 ; see also United States v. Ward, 448 U.S. 242, 249 (1980) (noting that the seven factors in Mendoza-Martinez are helpful considerations in determining whether Congress provided for 41 sanctions so punitive as to transform a civil remedy into a criminal penalty); People in Interest of T.B., ¶¶ 31-47 (applying the Mendoza- Martinez factors in its analysis of whether a statute created a punishment). 2021Mendoza-Martinez, 372 U.S. at 168 ; see also United States v. Ward, 448 U.S. 242, 249 (1980) (noting that the seven factors in Mendoza-Martinez are helpful considerations in determining whether Congress provided for 41 sanctions so punitive as to transform a civil remedy into a criminal penalty); People in Interest of T.B., ¶¶ 31-47 (applying the Mendoza- Martinez factors in its analysis of whether a statute created a punishment). | 1 | 1 |
People v. Rowlandgreen2 sentences2017Mendoza-Martinez, 372 U.S. at 169 ; see also Rowland, 207 P.3d at 892 ; Stead, 66 P.3d at 120-21 . 1. 2017Mendoza-Martinez, 372 U.S. at 169 ; see also Rowland, 207 P.3d at 892 ; Stead, 66 P.3d at 120-21 . 1. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kennedy v. Mendoza-Martinez
green
2 sentences2026Thus, we see these measures as civil regulatory means principally designed to keep a community safe by ensuring that community members can take the steps needed to keep themselves safe. ¶52 Finally, both the sixth and seventh Mendoza-Martinez factors—whether a measure is rationally related to a nonpunitive purpose and is not excessive regarding that purpose—weigh against considering the SVP designation as punishment. [11] 372 U.S. at 168-69 . 2021Mendoza-Martinez, 372 U.S. at 168 ; see also United States v. Ward, 448 U.S. 242, 249 (1980) (noting that the seven factors in Mendoza-Martinez are helpful considerations in determining whether Congress provided for 41 sanctions so punitive as to transform a civil remedy into a criminal penalty); People in Interest of T.B., ¶¶ 31-47 (applying the Mendoza- Martinez factors in its analysis of whether a statute created a punishment). | 5 | 2009–2026 |
Allen v. People
green
2 sentences2026Controls This Analysis ¶30 Beagle challenges the division's reliance on Allen , which stated that the SVP designation "is not punishment," ¶ 7, 307 P.3d at 1105 , to hold that the SVP designation was not punishment; he points out that Allen did not involve an Eighth Amendment challenge and thus did not implicate the Mendoza-Martinez factors. 2026Controls This Analysis ¶30 Beagle challenges the division's reliance on Allen , which stated that the SVP designation "is not punishment," ¶ 7, 307 P.3d at 1105 , to hold that the SVP designation was not punishment; he points out that Allen did not involve an Eighth Amendment challenge and thus did not implicate the Mendoza-Martinez factors. | 1 | 2026–2026 |
The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent, IN the INTEREST OF T.B., Respondent/Cross-Petitioner
green
2 sentences2026First, T.B. analyzed lifetime sex-offender registration as applied to juveniles . ¶ 2, 489 P.3d at 755-56 . 2026First, as we acknowledged in T.B. , there are ways that the sex-offender registration and community notification programs here resemble a historical form of punishment—namely, public shaming and humiliation. ¶ 52, 489 P.3d at 767 . 20 ¶39 Specifically, Beagle maintains that community notification via a town-hall meeting resembles public shaming. [9] And, in its amicus brief, the American Civil Liberties Union of Colorado ("ACLU") takes issue with the alternative to a townhall meeting most often employed by localities, where police departments publish the required information to their Facebook | 1 | 2026–2026 |
Roper v. Simmons
green
2 sentences2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu 2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 2021–2021 |
People v. Jaso
green
2 sentences2021And we agree that the Mendoza-Martinez factors were the appropriate analytical framework to determine whether a domestic violence finding is a penalty. ¶ 82 In addition, we reject Pellegrin’s reliance on People v. Jaso, 2014 COA 131 . 2021And we agree that the Mendoza-Martinez factors were the appropriate analytical framework to determine whether a domestic violence finding is a penalty. ¶ 82 In addition, we reject Pellegrin’s reliance on People v. Jaso, 2014 COA 131 . | 1 | 2021–2021 |
People v. Smoots
green
2 sentences2021He therefore declined to revisit all but one of the Mendoza-Martinez factors : "whether the sanction appears excessive in relation to the alternative purposes assigned." Id. at ¶ 71 . ¶23 As for that factor, Judge Webb articulated three reasons for concluding that CSORA 's registration requirement is not an excessive sanction. 2021He therefore declined to revisit all but one of the Mendoza-Martinez factors : "whether the sanction appears excessive in relation to the alternative purposes assigned." Id. at ¶ 71 . ¶23 As for that factor, Judge Webb articulated three reasons for concluding that CSORA 's registration requirement is not an excessive sanction. | 1 | 2021–2021 |
Kansas v. Hendricks
green
2 sentences2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu 2021See, e.g. , In Int. of Justin B. , 419 S.C. 575 , 799 S.E.2d 675, 681 ( 2017 ) ( "The requirement that adults and juveniles who commit criminal sexual conduct must register as a sex offender and wear an electronic monitor is not a punitive measure, and the requirement bears a rational relationship to the Legislature 's purpose ...." ( emphasis added ) ) ; State v. Boche , 294 Neb. 912 , 885 N.W.2d 523, 532 ( 2016 ) ( "Because we conclude the lifetime registration requirements imposed on [the juvenile] are not punishment, his argument that these registration requirements amount to cruel and unu | 1 | 2021–2021 |
People v. Milton
green
2 sentences2017We recognize that the domestic violence treatment program “is not without [some] burdensome consequences to the [defendant],” in terms of cost and duration, but “[treatment] is primarily directed toward achieving the salutary goal of preventing and terminating [domestic violence],” Milton, 732 P.2d at 1204 , and therefore does not impose an excessive burden on defendants. ¶ 63 In conclusion, the Mendoza-Martinez analysis indicates that court-ordered domestic violence treatment, based on a trial court’s 26 finding of domestic violence under section 18-6-801(1)(a), does not impose a punishment a 2017We recognize that the domestic violence treatment program “is not without [some] burdensome consequences to the [defendant],” in terms of cost and duration, but “[treatment] is primarily directed toward achieving the salutary goal of preventing and terminating [domestic violence],” Milton, 732 P.2d at 1204 , and therefore does not impose an excessive burden on defendants. ¶ 63 In conclusion, the Mendoza-Martinez analysis indicates that court-ordered domestic violence treatment, based on a trial court’s 26 finding of domestic violence under section 18-6-801(1)(a), does not impose a punishment a | 1 | 2017–2017 |
Alleyne v. United States
green
2 sentences2017Therefore, we conclude that the statute is not facially unconstitutional under Alleyne, 570 U.S. at __ , 133 S. Ct. at 2155 . 2017Therefore, we conclude that the statute is not facially unconstitutional under Alleyne, 570 U.S. at __ , 133 S. Ct. at 2155 . | 1 | 2017–2017 |
Apprendi v. New Jersey
green
2 sentences2013This conclusion arose during the court of appeals' application of the "scienter'" factor of "the Mendoza-Martinez test" delineated by the United States Supreme Court for the purposes of classifying a statutory scheme as "punishment" under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). 2013This conclusion arose during the court of appeals' application of the "scienter'" factor of "the Mendoza-Martinez test" delineated by the United States Supreme Court for the purposes of classifying a statutory scheme as "punishment" under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). | 1 | 2013–2013 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.