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Tag Archives: sex offender registration

Criminal Practice – Administrative — Sex Offender Registration – Initial County Registration – Kentucky Conviction (access required)

In re Borden Even though Kentucky no longer requires petitioner to register as a sex offender after his 1995 conviction of first-degree sexual abuse, since petitioner has not been registered with an N.C. county for at least 10 years, our statutes do not allow him to be relieved of his obligation to register as a sex offender. We reverse the trial court’s order terminating petitioner’s sex offender registration requirement.

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Criminal Practice – Sex Offender Registration – Address Change – Failure to Notify Sheriff – New Girlfriend (access required)

State v. Terry A. Fox Several people told the police or testified that defendant had moved out of his father’s house and was living with his new girlfriend. The testimony and/or out-of-court statements of defendant’s father and the son and the neighbor of defendant’s girlfriend were sufficient to show that defendant changed his address. We affirm defendant’s conviction of willfully failing to comply with the sex offender registration reporting requirements.

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Criminal Practice – Sex Offender Registration – Second-Degree Kidnapping & Crime Against Nature – Sentencing – Out-of-State Convictions (access required)

State v. Burgess Where defendant pleaded no contest to second-degree kidnapping and crime against nature, he was not convicted of a “sexually violent offense” under G.S. § 14-208.6(5); therefore, the trial court erred by finding that defendant had been convicted of a “reportable conviction.” We vacate the trial court’s order that defendant register as a sex offender upon his release from prison. We also remand for re-sentencing.

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Criminal Practice – Attempted Rape of a Child – Indecent Liberties – Voluntary Intoxication – Amnesia – Sex Offender Registration (access required)

State v. Merrell Even though defendant was a habitual drunk who suffered blackouts and amnesia, he failed to prove that he was unable to think out beforehand what he intended to do and to weigh it and understand the nature and consequence of his act. Therefore, the lack of a jury instruction on voluntary intoxication did not constitute plain error.

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Criminal Practice – Satellite-Based Monitoring – Sex Offender – Recidivist – Civil Sanction (access required)

State v. Wagoner. (Lawyers Weekly No. 10-06-0975, 1 p.) (Per Curiam) (Sarah Parker, Ch.J., Patricia Timmons-Goodson & Robin E. Hudson, JJ., dissenting) Appealed from Wilkes County Superior Court. (Henry E. Frye Jr., J.) On appeal from the N.C. Court of ...

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