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Tag Archives: Sex Offender

Second ruling, same result (access required)

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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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Criminal Practice – Sex Offender – Civil Commitment — Reconsideration (access required)

U.S. v. Wooden The record does not support a district court’s rejection of civil commitment for a sex offender, and the 4th Circuit orders reconsideration; the offender has a long history of acting on his pedophilic urges, has been convicted or adjudicated delinquent five times, has admitted he offended many more times than he was caught and has been resistant to treatment.

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Sex offender resigns as NC alternate GOP delegate

RALEIGH (AP) — A registered sex offender selected as an alternate delegate to the Republican National Convention from North Carolina resigned after his status was reported. Harvey L. West Jr., 41, resigned about an hour after The News & Observer of Raleigh reported his status online Thursday, the newspaper reported (http://bit.ly/OM8yXu).

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Attorney: Sex offenders can still be good fathers (access required)

A young man who was sent to prison for having sex with an underage girl is not barred from seeking visitation with the child born as a result of the crime, the North Carolina Court of Appeals has ruled. The Sept. 6 decision establishes that certain registered sex offenders cannot be deprived of their right to maintain a parental relationship with their children, said E. Clarke Dummit (pictured) of the Dummit Law Firm in Winston-Salem. “I don’t think anyone had addressed this issue at the Court of Appeals,” he said. “We wanted to try to raise awareness of the fact that there are people who are sex offenders and could be good fathers and who want to be good fathers. We need to have a system that looks at them appropriately.”

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Domestic Relations – Parent & Child – Sex Offender – Attempted Statutory Rape – Resulting Child — Visitation (access required)

Bobbitt v. Eizenga Even though plaintiff was convicted of attempted statutory rape, neither our statutes nor our case law prohibits him from seeking visitation with the child born as a result of his criminal act. We reverse the trial court’s order denying plaintiff’s visitation claim.

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Sex offender gets no reduction in child support (access required)

A father said he couldn't afford to pay child support because he lost his job after being convicted of sexually abusing his daughter, but that excuse foundered because he should have foreseen that the abuse would lead to his job loss. The North Carolina Court of Appeals has ruled that Michael Metz, who once made $18,867 a month as a nurse anesthetist, must pay $2,627 per month for support of his four children even though he insists his criminal record makes finding a job extremely difficult.

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Constitutional – Ex Post Facto Challenge – Criminal Practice – Sex Offenders – Satellite-Based Monitoring – Civil Regulatory Program – First Impression (access required)

State v. Bowditch. Even though the satellite-based monitoring program has some of the characteristics of punishment, it is not as punitive as other programs found to be non-punitive by the U.S. Supreme Court, and it is rationally related to the state's desire to protect the public. We reverse the trial court's declaration that the satellite-based monitoring (SBM) program violates the ex post facto clause.

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

State v. Morrow. (Lawyers Weekly No. 10-06-0980, 1 p.) (Per Curiam) (Sarah Parker, Ch.J., Patricia Timmons-Goodson & Robin E. Hudson, JJ., dissenting) Appealed from Mecklenburg County Superior Court. (Beverly T. Beal, J.) On appeal from the N.C. Court of Appeals. ...

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