RALEIGH (AP) A registered sex offender found guilty of exposing himself to a North Carolina woman and her 4-year-old son was granted a new trial July 17 after an appeals court found a procedural problem with his felony conviction. The state ...Read More »
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State v. Packingham (Lawyers Weekly No. 15-06-1032, 35 pp.) (Robert Edmunds Jr., J.) (Robin Hudson, J., joined by Cheri Beasley, J., dissenting) (Sam Ervin IV, J., not participating) Appealed from Durham County Superior Court (William Smith, J.) On discretionary review ...Read More »
For the third time in less than four years the North Carolina Court of Appeals has rejected a trial judge’s order denying a sex offender’s request to have prison visits with the girl he fathered as the result of a statutory rape.Read More »
State v. Simpson (Lawyers Weekly No. 14-07-0768, 14 pp.) (Rick Elmore, J.) Appealed from Wilkes County Superior Court (R. Stuart Albright, J.) N.C. App. Holding: Where the state alleged that a registered sex offender violated G.S. § 14-208.18(a) by being ...
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State v. Harris Even though the indictment alleged that defendant was required to register as a sex offender, since it did not allege that the registration requirement was based on a conviction for an offense set out in G.S. Chapter 14, Article 7A or an offense involving a victim who was under the age of 16, then the indictment failed to allege the essential elements of being a sex offender unlawfully on the premises of a place intended primarily for the use, care, or supervision of minors in violation of G.S. § 14-208.18. An allegation that defendant’s conduct was “unlawful” does not cure the deficiency in the indictment.Read More »