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Tag Archives: Sex Offender

Prosecutor’s silence made the difference (access required)

Free speech bandages

Cleveland County District Attorney Richard L. Shaffer Jr. spoke only twice during a hearing for a convicted sex offender who was arguing that he should not be required to register as a sex offender. Shaffer introduced the case to the court and later, when Superior Court Judge Forrest D. Bridges asked if he wanted to object to the offender’s request, he said, “No sir.” Then it was over. Bridges granted the offender’s petition and terminated his registration requirement.

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Criminal Practice – Sex Offender Registry – Termination – State’s Appeal (access required)

In re Bunch The state argues on appeal that the trial court exceeded its authority when it terminated the sex offender registration requirement for a petitioner who had not been on the N.C. sex offender registry for at least 10 years (on the grounds that petitioner was never required to register in North Carolina in the first place); however, at the trial court level, the state merely stood silent. The state has failed to preserve its arguments for appeal

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Civil Rights – Reclassified Sex Offender Can’t Sue Over School Access (access required)

Doe v. Virginia Dep’t of State Police : A defendant who, in 1993 was convicted of carnal knowledge of a minor without use of force, for a relationship with a student under her supervision, does not have standing to challenge changes to Virginia law after 2008 classifying her as a violent sex offender who may not enter her children’s school without permission from local authorities; the 4th Circuit says she first must seek permission for access from the local state court and school board

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Second ruling, same result (access required)

Rubber stamp check

The Davie County District Court seems intent on preventing an incarcerated sex offender from visiting with the girl he fathered as the result of a statutory rape, but its orders keep getting unraveled by the North Carolina Court of Appeals.

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