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Tag Archives: sex offender registration

Criminal Practice – Subject Matter Jurisdiction – Indictment – Sex Offender Registration – Registration Requirement (access required)

State v. Barnett The indictment against defendant describes an offense applicable only to registered sex offenders but fails to allege facts indicating that defendant is “a person required to register.” The general reference to defendant’s violation of G.S. § 14-208.9, which consists of multiple subsections and describes multiple offenses in addition to the offense for which defendant was charged, is insufficient to cure this defect. The indictment failed to allege all the essential elements of the offense, rendering the indictment facially defective and depriving the trial court of jurisdiction to adjudicate the charge.

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Criminal Practice – Sex Offender Registration – Removal Petition – Automatic Termination — Satisfied Conditions – Trial Court Discretion (access required)

In re Hamilton Even though, at the time of petitioner’s conviction in 2001, G.S. § 14-208.7 would have automatically terminated the requirement that he register as a sex offender after 10 years so long as he had not re-offended, statutory amendments in the interim have imposed a requirement that petitioner apply to the superior court for relief from the registration requirement.

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Criminal Practice – Sex Offender Registration – Removal From List – Subject Matter Jurisdiction (access required)

In re Hutchinson Where the state agreed to the removal of a sex offender from its sex offender registry, it cannot ask the courts to rescind the removal because offenders are required to be registered for 10 years when the state raises that issue for the first time on appeal. The trial court, which upheld the removal, has subject matter jurisdiction on petitions of termination of registration even when the sex offenders have been registered in North Carolina for less than the normally requisite 10 years.

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Criminal Practice – Sex Offender Registration – Removal From List – Subject Matter Jurisdiction (access required)

In re Hutchinson Where the state agreed to the removal of a sex offender from its sex offender registry, it cannot ask the courts to rescind the removal because offenders are required to be registered for 10 years when the state raises that issue for the first time on appeal. The trial court, which upheld the removal, has subject matter jurisdiction on petitions of termination of registration even when the sex offenders have been registered in North Carolina for less than the normally requisite 10 years.

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