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Tag Archives: Sexual Offenses

Criminal Practice – Sexual Offenses – Constitutional – Ineffective Assistance Claim – Pro Se Defendant – In Camera Review – No Plain Error Analysis – Quashed Subpoena – Judges (access required)

State v. Brunson Where defendant filed multiple pro se motions, fired four different attorneys, and elected to represent himself at trial, defendant’s only true “counsel” was himself; accordingly, he cannot complain that the quality of his own defense amounted to a denial of effective assistance of counsel.

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Criminal Practice – Civil Penalty – First Impression — No-Contact Order – Sexual Offenses – Constitutional (access required)

State v. Hunt A no-contact order entered pursuant to G.S. § 15A-1340.50 prohibits one convicted of a sexual offense from contacting his victim. The desire of the legislature to protect a citizen who has been victimized and is in fear of further contact from the defendant, who is part of a class of known recidivists, demonstrates an intent to create a civil, regulatory statute. Therefore, the statute does not violate N.C. art. XI, § 1, which limits criminal punishments to “death, imprisonment, fines, suspension of a jail or prison term with or without conditions, restitution, community service, restraints on liberty, work programs, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under this State.”

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