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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 […]
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, […]
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 […]
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 […]
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 […]
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.
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.
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[...]
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 [...]
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 [...]
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’[...]
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.
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