Tuesday, August 09, 2005

8th Circ denies stay of mandate in Iowa sex offender challenge

Iowa sex offenders forced to move away from residences too close to schools or daycare facilities lose motion to stay mandate in 8th Cir. pending cert pet to SCOTUS. 08/08/05 John Doe v. Tom Miller U.S. Court of Appeals Case No. 04-1568 Southern District of Iowa Doe V. Miller, 405 F.3d 700 (8th Cir. 2005), rejects appellants' constitutional challenges to the residency restrictions of Iowa Code Sec. 692A.2A. Appellant's Motion to Stay the Issuance of Mandate pending the filing of petition for certiorari is denied. Divided panel decision and divided panel ruling on enbanc review insufficient to stay mandate; not very likely that SCOTUS would grant certpet. Forcing sex offenders to move not irreparable harm.

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