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Sex Offender

Sep 28, 2021

NC ruling influence on sex-offender monitoring may be muted

RALEIGH, N.C. (AP) — It’s constitutional for North Carolina to require people convicted of the most serious sex offenses to be monitored perpetually by satellite-linked bracelets, the state Supreme Court ruled on Friday. But the majority opinion’s influence on sex offenders may be muted. A General Assembly law signed this month will soon reduce lifetime […]

Oct 17, 2019

Lack of “trust and confidence” prompts resentence for sex offender

  A man sentenced to at least 50 years in prison for molesting his girlfriend’s 3-year-old daughter will get a new sentencing because he didn’t have a relationship of “trust and confidence” with the toddler that would support an aggravated sentence, the North Carolina Supreme Court has ruled in a split decision. Bobby Helms of […]

Oct 11, 2018

Criminal Practice – Sex Offender Registration – ‘Danger to the Community’ – Risk of Reoffending

Even though defendant had 20 prior felony convictions when he was convicted of the current peeping offenses, the state did not show that any of his previous convictions involved violence or that they were sexual in nature. Since the state failed to show that defendant posed a risk of engaging in sex offenses following release […]

Aug 15, 2018

Sex offender stripped of US citizenship, will be deported

RALEIGH (AP) A North Carolina man who federal authorities say sexually abused his stepdaughter has been stripped of his United States citizenship and will be deported to Ghana. The News & Observer cites a U.S. Justice Department statement that says Prempeh Ernest Agyemang lied during his 2000 naturalization interview when asked if he had committed a crime […]

Aug 8, 2018

NC court: No proof public safer when sex offenders tracked

RALEIGH (AP) North Carolina’s second-highest court says authorities can’t force a sex-offender to wear a monitoring device for decades because evidence fails to show that tracking protects the public. A divided three-judge panel of the state Court of Appeals ruled Aug. 7 that because officials presented no evidence that satellite-based monitoring is effective, it violates the [&hellip[...]

Jul 26, 2018

Plea deal leads to detention of immigrant

RALEIGH (AP) Federal agents arrested an immigrant who is in the U.S. illegally after a North Carolina sheriff declined their request to keep the registered sex offender in custody, immigration officials said July 25. U.S. Immigration and Customs Enforcement said Raleigh-based agents arrested Udiel Aguilar-Castellanos at his Carrboro, North Carolina, residence July 23 morning. ICE discovered [&hel[...]

Jun 14, 2017

Criminal Practice – Unregistered Sex Offender Gets Extra Sentence

U.S. v. Cammorto (Lawyers Weekly No. 001-130-17, 13 pp.) (Niemeyer, J.) No. 16-4280, June 13, 2017; USDC at Abingdon, Va. (Jones, J.) 4th Cir. Holding: In sentencing defendant for knowingly failing to register in Virginia as a sex offender, the district court did not err in sentencing him as a Tier III offender under USSG […]

May 3, 2017

Criminal Practice – Sex Offense with a Child – Sex Offender Registration – Satellite Based Monitoring – Jury Unanimity

State v. Johnson (Lawyers Weekly No. 011-134-17, 21 pp.) (John Tyson, J.) Appealed from Watauga County Superior Court (Michael Duncan, J.) N.C. App. Holding: Defendant was convicted of sexual offense with a child and sexual activity by a substitute parent, each of which requires a “sexual act,” which may or may not involve penetration. Thus, […]

Mar 22, 2017

Criminal Practice – Court Could Order Sex-Offender Evaluation

U.S. v. Douglas (Lawyers Weekly No. 001-066-17, 13 pp.) (Traxler, J.) No. 16-4615, March 9, 2017; USDC at Charlottesville, Va. (Moon, J.) 4th Cir. Holding: When sentencing defendant on his guilty plea to failure to register as a sex offender as required by 18 U.S.C. § 2250(a), the district court did not err in imposing […]

Mar 3, 2017

Sex offender’s kidnapping conviction vacated

A divided North Carolina Court of Appeals has vacated a sex offender’s kidnapping conviction, because the victim was restrained while being raped and assaulted. Nathaniel China was convicted of a slew of charges, including first-degree sex offense and second-degree kidnapping, after he allegedly kicked down the door of his ex-girlfriend’s apartment and beat and raped […]

Mar 1, 2017

Part of state’s sex offender restrictions struck

Parts of a North Carolina law restricting the activities of convicted sex offenders are unconstitutionally vague and overly broad, a federal appeals court has ruled, upholding a lower court ruling from last December. The 4th U.S. Circuit Court of Appeals struck down a subsection of a state law that prohibits sex offenders from being “at […]

Jan 3, 2017

Criminal Practice – Sex Offender Registry – Removal Application – Federal Law – Indecent Liberties

State v. Moir (Lawyers Weekly No. 010-003-17, 31 pp.) (Sam Ervin IV, J.) Appealed from Catawba County Superior Court (Richard Boner, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: In deciding whether federal law would permit defendant’s removal from the sex offender registry, the trial court erred in applying the […]

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