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Tag Archives: Satellite-Based Monitoring

Criminal Practice – Satellite-Based Monitoring – Constitutional – Due Process – Notice – Right to Travel

State v. Manning Where the letter sent to defendant by the Department of Correction informed defendant of both the hearing date and the specific category of G.S. § 14-208.40(a) under which he fell, the letter adequately protected defendant’s due process rights.

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Criminal Practice – Sexual Offense – Attempt – Evidence – Hearsay — Satellite-Based Monitoring

State v. Carter Where the complainant said on at least one occasion that defendant’s penis penetrated her anus, and where a sexual assault nurse examiner testified that the complainant’s anal fissure could have resulted from trauma to the anal area, there was sufficient evidence to support a finding of anal penetration. We find no error as to defendant’s conviction of first-degree sexual offense in file number 08 CrS 57285. However, the trial court’s order of lifetime satellite-based monitoring (SBM) in that case is vacated, and the case is remanded for further proceedings. Defendant is entitled to a new trial on the charge of first-degree sexual offense in file number 08CrS 57286.

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Criminal Practice – Indecent Liberties – Minor’s Legs – Satellite-Based Monitoring – Sexually Violent Offense

State v. Sims The state presented sufficient evidence from which the jury could infer that defendant’s conduct was for the purpose of arousing or gratifying sexual desire: In three aisles at a Target store (1) defendant crouched down, looking at the juvenile’s legs; (2) defendant “fell into” the juvenile, wrapping his hands around her; and (3) defendant kneeled down, six to eight inches away from the juvenile’s legs. Another witness testified that defendant had complimented her legs, followed her into a store, and asked if he could hug her legs. Finally, Detective Benjamin testified that defendant admitted to having an obsession with women’s legs.

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Criminal Practice – Satellite-Based Monitoring – Procedure – Statutory Order

State v. Mann A new satellite-based monitoring (SBM) proceeding is required because the trial court considered whether defendant’s offense involved the physical, mental or sexual abuse of a minor before the court considered the other bases for SBM and because the court considered the facts underlying defendant’s conviction before the court determined whether defendant’s offense was aggravated. Vacated and remanded.

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