Doe v. Abbott, No. 18-11620 (5th Cir. 2019)
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The Fifth Circuit affirmed the district court's dismissal of appellants' challenges to the Texas Sex Offender Registration Program. The Program is codified in Chapter 62 of the Texas Code of Criminal Procedure.
The court held that procedural due process challenges to Chapter 62 failed because conviction of a sex offense entails all requisite process for the state to impose sex-offender conditions. The court also held that ex post facto, Eighth Amendment, and double jeopardy challenges do not cross the minimum pleading threshold because Chapter 62 is nonpunitive. In this case, appellants claims to the contrary were unpersuasive.
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