Please ensure Javascript is enabled for purposes of website accessibility

Satellite-Based Monitoring

Oct 4, 2017

Criminal Practice – Satellite-Based Monitoring – Search & Seizure – Insufficient Showing

  State v. Greene (Lawyers Weekly No. 011-306-17, 7 pp.) (Valerie Zachary, J.) Appealed from Pitt County Superior Court (Jeffery Foster, J.) N.C. App. Holding: The state admits that it failed to present sufficient evidence that defendant’s enrollment in satellite-based monitoring (SBM) constituted a reasonable Fourth Amendment search under Grady v. North Carolina, 191 L.Ed.2d […]

Oct 4, 2017

Criminal Practice – Satellite-Based Monitoring – Appeals – Unpreserved Issues

  State v. Bishop (Lawyers Weekly No. 011-304-17, 8 pp.) (Richard Dietz, J.) Appealed from Richmond County Superior Court (Robert Floyd, J.) N.C. App. Holding: Even though defendant’s convictions for molesting his brothers more than 10 years earlier occurred on the same day as his conviction for molesting his five-year-old daughter just one year earlier, […]

Mar 23, 2016

COA: State must prove reasonableness of monitoring

On March 30, 2015, the U.S. Supreme Court determined in Grady v. North Carolina that the state’s satellite-based monitoring program for certain felony offenders is a “search” under the Fourth Amendment. Using that as its basis, the North Carolina Court of Appeals on March 15 reversed a Harnett County Superior Court ruling in a similar […]

Mar 19, 2015

Criminal Practice — Satellite-Based Monitoring – Static-99 – Moderate-High Risk – Other Factors

State v. Smith (Lawyers Weekly No. 15-07-0244, 6 pp.) (Sanford Steelman Jr., J.) Appealed from Mecklenburg County Superior Court (W. Robert Bell, J.) N.C. App. Holding: Even though defendant’s Static-99 only placed him at a moderate-high risk of re-offending, the trial court could also consider the age of defendant’s alleged victims (in two incidents that […]

Feb 20, 2014

Criminal Practice – Satellite-Based Monitoring – Appeals – Venue & Notice – Waiver

State v. Mills (Lawyers Weekly No. 14-07-0160, 13 pp.) (Robert C. Hunter, J.) Appealed from Buncombe County Superior Court (Mark E. Powell, J.) N.C. App. Holding: Where defendant failed to raise the issues of adequate notice and correct venue in the superior court, those issues are not preserved for appellate review. We affirm the superior […]

Jun 7, 2012

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.

Jun 7, 2012

Criminal Practice – Satellite-Based Monitoring – Civil Appeals – Anders Brief

State v. Lineberger Since satellite-based monitoring is a civil matter, defendant’s oral notice of appeal was insufficient to confer jurisdiction on this court. We exercise our discretion and grant defendant’s petition for writ of certiorari.

Nov 2, 2011

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-degre[...]

Oct 7, 2011

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 [...]

Aug 10, 2011

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 [...]

Aug 9, 2011

Criminal Practice – Indecent Liberties – Satellite-Based Monitoring – Level of Supervision – Remorse — Alford Plea – First Impression

State v. Jarvis In determining the level of supervision and monitoring defendant required, the trial court could consider whether defendant’s actions showed a lack of remorse; however, we have found no authority holding that the trial court could find that defendant’s Alford plea itself showed a lack of remorse. Since we cannot determine whether the trial court relied on defendant’[...]

May 6, 2011

Criminal Practice – Satellite-Based Monitoring – Indecent Liberties – ‘Moderate-Low’ Risk – Additional Findings

State v. Green Even though a Department of Correction risk assessment placed defendant at a "moderate-low" risk of offending again, the trial court correctly considered additional factors, such as the young age of defendant's victims and defendant's failure to complete sex offender treatment.

Top Legal News

See All Top Legal News


See All Commentary