[Ed: Today is an unusually good day with two judicial "wins". Let us hope for more. ] The appellate court ruled last week the no-contact order imposed on Brian C. Cobler went too far, violating his parental rights. The no-contact order included letters, phones and e-mails. Cobler was arrested in 2006 and convicted of having a three-month sexual relationship with a 17-year-old girl. He was sentenced to serve a minimum of 2 years in prison. In his decision earlier this month, Idaho Court of Appeals Chief Judge Sergio Gutierrez says denying Cobler his rights as a parent "oversteps the authority of the state." Cobler and his wife have two children, a boy and girl, who were both under the age of 6 at the time of his arrest. Information from: The Spokesman-Review, http://www.spokesmanreview.com Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
BOISE, Idaho (AP) - The Idaho Court of Appeals has overturned a state court order banning a convicted sex offender from being within 100 feet of any minor, including his two young children.
Judge: sex offender's no-contact order goes too far
Court tosses sex offender's 28-year prison term
The 9th Circuit Court of Appeals in San Francisco ordered a lower court to reconsider the punishment of Cecilio Gonzalez. He was handed the lengthy term under California's three-strikes law, which requires a minimum prison sentence of 25 years after a third violent or serious felony conviction. Gonzalez had failed to check in with authorities five days after his birthday. Sex offenders are required to update authorities annually of their home addresses. The appeals court said that failure to update his Burbank address was a technical violation and didn't count as a third strike.
SAN FRANCISCO—A federal appeals court has ruled that a convicted sex offender's 28-year prison sentence for failing to properly update his home address with authorities was too harsh.
Videotapes Could Reverse Sex Abuse Convictions
Sunday, December 7, 2008 Copyright 2008 by KTVU.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Neighbor convicted of stalking sex offender
By Beacon Journal staff report
POSTED: 05:04 p.m. EST, Dec 13, 2007
A Springfield Township neighbor who placed large signs with red letters announcing a convicted child molester lives next door has been convicted of stalking the man.
James Z. Cody, 50, was sentenced to 30 days in jail Thursday by Akron Municipal Court Judge Kathryn Michael. The jail sentence came, court officials said, after Cody declined to be placed on probation for six months.
Cody was acquitted by a jury of charges of violating a protection order, aggravating menacing and resisting arrest. He is set to begin his jail stay on Jan. 3.
Assistant Akron prosecutor Gerald Larson said Cody engaged in a personal crusade against Michael Harig, 45, who spent nearly a year in prison for fondling three boys, ages 12, 13 and 14 in 2004. Harig is registered as a sexually oriented offender and lives next door to Cody on Gregory Drive.
Larson said the stalking charge involved an on-going series of events perpetrated by Cody against Harig that included death threats, the placement of several signs outside his home and Cody bursting inside Harig's home and threatening him.
Harig said that he has been harassed, spotlights have been pointed into his bedroom window, a radio has been blared toward his home and physical threats have been made against him.
Hall was charged in August with criminal trespassing for entering Harig's home, but the case was eventually dropped. Full Story
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