Legal Opinion

R.S. Mutter, Warden v. Bobby Ross

West Virginia Supreme Court

Decided March 12, 2018No. 16-1156PublishedCited by 2 opinions

1Opinion of the Court

Justice Ketchum :

The West Virginia Parole Board ("the Board") revoked Bobby Ross's parole based, in part, on him violating a condition of parole prohibiting him from possessing or having contact with a computer or other device with *868 internet access. We are asked whether this condition of parole is constitutional under the First Amendment.

In 2017, the United States Supreme Court held in Packingham v. North Carolina 2 that a state statute barring registered sex offenders from accessing social media networking websites was an overbroad restriction of the right to free speech in violation of the…

2Cases cited23 opinions

  1. Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995
  2. State v. EpperlyWest Virginia Supreme Court · 1951
  3. Packingham v. North CarolinaSupreme Court of the United States · 2017
  4. McCullen v. CoakleySupreme Court of the United States · 2014
  5. Conner v. GriffithWest Virginia Supreme Court · 1977

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3Cited by2 opinions

  1. Kenneth Lee Doss v. State of IowaSupreme Court of Iowa · 2021
  2. Kenneth Lee Doss v. State of IowaSupreme Court of Iowa · 2021

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