Case: U.S. v. Comstock

5:06-hc-02195 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Nov. 2, 2006

Closed Date: 2012

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Case Summary

This case involved a constitutional challenge to certain provisions of the Adam Walsh Child Protection and Safety Act of 2006. At issue was the civil commitment program for sexual predators as outlined in the Act. 18 U.S.C. § 4248.The issue arose in five cases filed by the government in 2006, in which the government sought to institute commitment proceedings with respect to federal prisoners incarcerated at FCI-Butner whose sentences were about to expire. Each inmate had been convicted of a fe…

The issue arose in five cases filed by the government in 2006, in which the government sought to institute commitment proceedings with respect to federal prisoners incarcerated at FCI-Butner whose sentences were about to expire. Each inmate had been convicted of a federal criminal offense involving sexual deviancy, such as possession of child pornography or sexual abuse of a minor. In each case, the Federal Public Defender filed a motion to dismiss the petition for hearing, arguing that the civil commitment provisions of the Act were unconstitutional. The five cases were not consolidated, but District Judge W. Earl Britt of the U.S. District Court for the Eastern District of North Carolina decided to issue one ruling on all cases.

On September 7, 2007, the District Court (Earl Britt) granted the prisoners' motions and dismissed all of the government's petitions. In his order, Judge Britt determined that the civil commitment provision of the Adam Walsh Act was not a necessary and proper exercise of Congressional authority.

On January 8, 2009 the decision of the District Court was affirmed by the U.S. 4th Circuit Court of Appeals (Diana Gribbon Motz), holding that 18 U.S.C. § 4248 thus could not be sustained as an exercise of Congress's authority under the Commerce Clause or any other provision of the Constitution.

On May 18, 2010, the U.S. Supreme Court (Breyer, J.) reversed and remanded the 4th Circuit's decision, finding that the Necessary and Proper Clause granted Congress broad authority to criminalize conduct, imprison those who engaged in that conduct, and enact laws governing prisons and prisoners in the course of carrying into execution the enumerated powers vested by the U.S. Constitution. The Court did not address other constitutional challenges to the law.

On December 6, 2010, the U.S. Fourth Circuit Court of Appeals (Diana Gribbon Motz) reversed and remanded the decision of the District Court, finding that the respondents had not met the heavy burden of demonstrating that the clear and convincing evidence standard rendered the statute unconstitutional on its face.

On November 29, 2011, a judgment was issued by the United States District Court, Eastern District of North Carolina (Bernard A. Friedman), releasing the respondent from custody. This case is closed.

Note that our document collection for this case only contains the PACER docket for the first case filed, U.S. v. Comstock. The other cases included: U.S. v. Shane Catron, 5:06-HC-2202BR; U.S. v. Thomas Matherly, 5:06-HC-2205BR; U.S. v. Marvin Vigil, 5:06-HC-2206BR; and U.S. v. Markis Revland. 5:06-HC-2212BR.


5:06-hc-02195	Docket (PACER) United States of America v. Comstock	April 5, 2012	April 5, 2012 Docket
1 5:06-hc-02195	Certification of a Sexually Dangerous Person US v. Comstock	Nov. 2, 2006	Nov. 2, 2006 Pleading / Motion / Brief
32 5:06-hc-02195 5:06-HC-02205 5:06-HC-02202 5:06-HC-02206 5:06-HC-02212	Opinion United States of America v. Comstock	Sept. 7, 2007	Sept. 7, 2007 Order/Opinion 507 F.Supp.2d 522
5:06-hc-02195	Opinion United States of America v. Comstock U.S. Court of Appeals for the Fourth Circuit	Jan. 8, 2009	Jan. 8, 2009 Order/Opinion 551 F.3d 274
60 07-07671	Slip opinion United States v. Comstock Supreme Court of the United States	May 18, 2010	May 18, 2010 Order/Opinion 560 U.S. 126
82 07-07671	OPINION U.S. Court of Appeals for the Fourth Circuit	Dec. 6, 2010	Dec. 6, 2010 Order/Opinion 627 F.3d 513
143 5:06-hc-02195	Bench ruling	Nov. 29, 2011	Nov. 29, 2011 Transcript
144 5:06-hc-02195	Judgment	Nov. 29, 2011	Nov. 29, 2011 Order/Opinion

Title	Description		External URL Date / External URL
United States v. Comstock SCOTUSBlog	The Court upheld, under the Commerce Clause, the law passed by Congress allowing the civil commitment of mentally ill sex offenders after the completion of their criminal sentences.	May 17, 2010	May 17, 2010 https://www.scotusblog.com/...
United States v. Comstock Oyez Project	Convicted sex offenders moved to dismiss petitions requesting their indefinite civil commitment under the Adam Walsh Child Protection and Safety Act. A North Carolina federal district court dismissed…	May 17, 2010	May 17, 2010 https://www.oyez.org/...

ECF Number	Date	Description	Link
1	Nov. 2, 2006	Motion to Determine Present Mental Condition of Imprisoned Person against Graydon Earl Comstock, Jr, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Certification of a Sexually Dangerous Person# 2 Proposed Order)(Bredenberg, Michael) (Entered: 11/02/2006)	Clearinghouse
2	Nov. 14, 2006	Order appointing Federal Public Defender to represent respondent and appointing additional mental health examiner. Competency Hearing set for 3/5/2007 09:00 AM in Courtroom 2 before Judge W. Earl Britt.. Signed by Judge W. Earl Britt on 11/14/06. (CHAM, ACP) (Entered: 11/14/2006)	RECAP
3	Nov. 15, 2006	NOTICE of Appearance by Jane E. Pearce on behalf of Graydon Earl Comstock, Jr (Pearce, Jane) (Entered: 11/15/2006)	RECAP
4	Dec. 4, 2006	MOTION to Appoint Expert for a Court Ordered Psychological Evaluation pursuant to 18 U.S.C. 4248(b) by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Bredenberg, Michael) (Entered: 12/04/2006)	RECAP
5	Dec. 5, 2006	ORDER granting 4 Motion to Appoint Expert . Signed by Judge W. Earl Britt on 12/5/06. (CHAM, ACP) (Entered: 12/05/2006)	RECAP
6	Jan. 19, 2007	MOTION for Extension of Time to Complete Forensic Evaluation by UNITED STATES OF AMERICA. (Attachments: # 1 text of proposed order)(Bredenberg, Michael) (Entered: 01/19/2007)	RECAP
7	Jan. 22, 2007	ORDER granting 6 Motion for Extension of Time . Signed by Judge W. Earl Britt on 1/22/07. (CHAM, ACP) (Entered: 01/22/2007)	RECAP
8	Feb. 8, 2007	NOTICE by Graydon Earl Comstock, Jr of Mental Health Examiner (Pearce, Jane) (Entered: 02/08/2007)	RECAP
9	Feb. 13, 2007	MOTION In-Court Hearing for Respondent by Graydon Earl Comstock, Jr. (Pearce, Jane) (Entered: 02/13/2007)	RECAP
10	Feb. 14, 2007	NOTICE of Hearing: Competency Hearing set for 3/7/2007 09:00 AM in Raleigh - 7th Floor - Courtroom 2 before Judge W. Earl Britt. (Deputy Clerk - GM, ) (Entered: 02/14/2007)	RECAP
11	Feb. 15, 2007	MOTION to Dismiss Petition for Hearing by Graydon Earl Comstock, Jr. Responses due by 3/7/2007 (Pearce, Jane) (Entered: 02/15/2007)	RECAP
12	Feb. 15, 2007	MOTION to Dismiss Petition for Hearing by Graydon Earl Comstock, Jr. Responses due by 3/7/2007 (Pearce, Jane) (Entered: 02/15/2007)	RECAP
13	Feb. 15, 2007	MOTION to Continue Commitment Hearing by Graydon Earl Comstock, Jr. (Attachments: # 1 Text of Proposed Order order)(Pearce, Jane) (Entered: 02/15/2007)	RECAP
14	Feb. 20, 2007	Motions terminated: 13 MOTION to Continue Commitment Hearing filed by Graydon Earl Comstock, Jr.., Order Setting Hearings Hearing set for 5/7/2007 09:00 AM in Courtroom 2 before Judge W. Earl Britt.. Signed by Judge W. Earl Britt on 2/20/07. (CHAM, ACP) (Entered: 02/20/2007)	RECAP
15	March 5, 2007	RESPONSE in Opposition re 9 MOTION In-Court Hearing for Respondent filed by UNITED STATES OF AMERICA. (Attachments: # 1 Judicial Conference of the United States Report)(Bredenberg, Michael) (Entered: 03/05/2007)	RECAP
16	March 6, 2007	MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss Petition for Hearing by UNITED STATES OF AMERICA. (Attachments: # 1 text of proposed order)(Bredenberg, Michael) (Entered: 03/06/2007)	RECAP
17	March 8, 2007	REPLY to Response to Motion re 9 MOTION In-Court Hearing for Respondent filed by Graydon Earl Comstock, Jr. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Pearce, Jane) (Entered: 03/08/2007)	RECAP
18	March 8, 2007	ORDER granting 16 Motion for Extension of Time to File Response/Reply re 12 MOTION to Dismiss Petition for Hearing Responses due by 4/7/2007. Signed by Judge W. Earl Britt on 3/8/07. (CHAM, ACP) (Entered: 03/08/2007)	RECAP
19	March 20, 2007	MOTION to Dismiss Petition by Graydon Earl Comstock, Jr. Responses due by 4/9/2007 (Pearce, Jane) (Entered: 03/20/2007)	RECAP
20	March 30, 2007	ORDER granting 9 Motion for an in-court hearing . Signed by Judge W. Earl Britt on 3/30/07. (CHAM, ACP) (Entered: 03/30/2007)	RECAP
21	April 5, 2007	RESPONSE in Opposition re 19 MOTION to Dismiss Petition, 12 MOTION to Dismiss Petition for Hearing filed by UNITED STATES OF AMERICA. (Bredenberg, Michael) (Entered: 04/05/2007)	RECAP
22	April 13, 2007	REPLY to Response to Motion re 19 MOTION to Dismiss Petition, 12 MOTION to Dismiss Petition for Hearing filed by Graydon Earl Comstock, Jr. (Pearce, Jane) (Entered: 04/13/2007)	RECAP
23	April 19, 2007	NOTICE of Appearance by R. A. Renfer, Jr on behalf of UNITED STATES OF AMERICA (Renfer, R.) (Entered: 04/19/2007)	RECAP
24	April 19, 2007	ORDER Setting a status conference and Hearing on Motion 12 MOTION to Dismiss Petition for Hearing, 19 MOTION to Dismiss Petition: Motion Hearing set for 5/7/2007 09:00 AM in Raleigh - 7th Floor - Courtroom 2 before Judge W. Earl Britt.. Signed by Judge W. Earl Britt on 4/19/2007. (Deputy Clerk - GM, ) (Entered: 04/19/2007)	RECAP
25	May 1, 2007	NOTICE of Status Conference and Hearing on Motion 12 MOTION to Dismiss Petition for Hearing, 19 MOTION to Dismiss Petition: Motion Hearing set for 5/7/2007 10:30 AM in Raleigh - 7th Floor - Courtroom 2 before Judge W. Earl Britt. (Deputy Clerk - GM, ) (Entered: 05/01/2007)	RECAP
26	May 7, 2007	Minute Entry for proceedings held before Judge W. Earl Britt : Status Conference held on 5/7/2007. (Court Reporter S Schwinn.) (Deputy Clerk - AEB, ) (Entered: 05/07/2007)	RECAP
27	May 15, 2007	NOTICE by UNITED STATES OF AMERICA (Renfer, R.) (Entered: 05/15/2007)	RECAP
28	May 18, 2007	TRANSCRIPT of Proceedings held on May 7. 2007 before Judge Judge Britt. Court Reporter: Stacy Schwinn. (Deputy Clerk - GM, ) (Entered: 05/18/2007)	RECAP
29	May 22, 2007	MOTION to Continue 18 USC 4248 Hearing by Graydon Earl Comstock, Jr. (Attachments: # 1 Text of Proposed Order order)(Pearce, Jane) (Entered: 05/22/2007)	RECAP
30	May 23, 2007	ORDER Cancelling Deadline, Motions terminated: 29 MOTION to Continue 18 USC 4248 Hearing filed by Graydon Earl Comstock, Jr... Signed by Judge W. Earl Britt on 5/23/07. (CHAM, ACP) (Entered: 05/23/2007)	RECAP
31	Aug. 27, 2007	NOTICE by UNITED STATES OF AMERICA (Citation of Supplemental Authorities) (Attachments: # 1 Attachment:Mass. 8-24-07 Order) (Renfer, R.) (Entered: 08/27/2007)	RECAP
32	Sept. 7, 2007	ORDER granting 12 Motion to Dismiss; granting 19 Motion to Dismiss; and the government's petitions are Dismissed and Temporarily stays the effect of this order pending receipt of, and the court's decision regarding, the government's forthcoming motion to stay the effective date of the release of the respondents from custody in each of the cases identified in the caption of this order. Signed by Judge W. Earl Britt on 9/7/2007. (Deputy Clerk - AI, )	Clearinghouse
33	Sept. 7, 2007	CLERK'S JUDGMENT that this action is hereby dismissed. Signed by Clerk of Court on 9/7/2007. (Deputy Clerk - AI, ) (Entered: 09/07/2007)	RECAP
34	Sept. 19, 2007	MOTION to Stay Pending Appeal by UNITED STATES OF AMERICA. (Renfer, R.) (Entered: 09/19/2007)	RECAP
35	Sept. 19, 2007	Memorandum in Support re 34 MOTION to Stay Pending Appeal filed by UNITED STATES OF AMERICA. (Renfer, R.) (Entered: 09/19/2007)	RECAP
36	Oct. 4, 2007	RESPONSE in Opposition re 34 MOTION to Stay Pending Appeal filed by Graydon Earl Comstock, Jr. (Pearce, Jane) (Entered: 10/04/2007)	RECAP
37	Nov. 6, 2007	NOTICE OF APPEAL by UNITED STATES OF AMERICA. (Renfer, R.) (Entered: 11/06/2007)	RECAP
38	Nov. 7, 2007	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 37 Notice of Appeal (Deputy Clerk - AI, ) (Entered: 11/07/2007)	RECAP
39	Nov. 15, 2007	MOTION for Hearing to Review Conditions of Detention by Graydon Earl Comstock, Jr. (Pearce, Jane) (Entered: 11/15/2007)	RECAP
40	Nov. 26, 2007	ORDER granting 34 Motion to Stay respondent's release pending appeal. Signed by Judge W. Earl Britt on 11/26/2007. (Deputy Clerk - GM, ) (Entered: 11/26/2007)	RECAP

Case: U.S. v. Comstock

5:06-hc-02195 | U.S. District Court for the Eastern District of North Carolina

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Docket for: United States v. Comstock

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