Defendant, a registered sex offender, was arrested for failure to update his residential address. At trial, defendant testified he lost his assigned bed at his homeless shelter and was forced to sleep outside. During deliberations, the jury requested additional instruction ...

Tagged with: sex offender registration

  Though the court vacated a man’s conviction for failing to update his sex offender registration, the determination that he is sexually dangerous — and the civil commitment stemming from that finding — does not have to be voided, a ...

Tagged with: sex offender registration

State v. Leaks (Lawyers Weekly No. 15-07-0356, 11 pp.) (Rick Elmore, J.) Appealed from Forsyth County Superior Court (John Craig, J.) N.C. App. Holding: An indictment that charged defendant with willfully failing to provide notice of a change of address ...

Tagged with: sex offender registration

State v. Barnett (Lawyers Weekly No. 15-07-0087, 14 pp.) (Douglas McCullough, J.) Appealed from Gaston County Superior Court (F. Donald Bridges, J.) N.C. App. Holding: The indictment alleged that defendant violated G.S. § 14-208.9(a) by failing to notify the sheriff ...

Tagged with: sex offender registration

In re Hall (Lawyers Weekly No. 15-07-0014, 20 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (W. Robert Bell, J.) N.C. App. Holding: Since petitioner could not become eligible to petition for termination of his sex offender registration ...

Tagged with: sex offender registration

State v. Pierce (Lawyers Weekly No. 14-07-1179, 19 pp.) (Robert C. Hunter, J.) Appealed from Wilkes County Superior Court (Ronald Spivey, J.) N.C. App. Holding: Even though there was evidence that defendant maintained his permanent domicile in Burke County – ...

Tagged with: sex offender registration

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.

Tagged with: Criminal Practice Indictment sex offender registration subject-matter jurisdiction

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.

Tagged with: Criminal Practice sex offender registration

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.

Tagged with: Criminal Practice sex offender registration subject-matter jurisdiction

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.

Tagged with: Criminal Practice sex offender registration subject-matter jurisdiction