Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
Smith's Criminal Case Compendium
About
This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.
Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.
Instructions
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The court reversed the trial court’s lifetime registration and SBM orders. When a trial court finds a person was convicted of a “reportable conviction,” it must order that person to maintain sex offender registration for a period of at least 30 years. If a trial court also finds that the person...
The trial court erred by ordering lifetime registration for the defendant. Although the defendant was convicted of reportable convictions and is therefore required to register as a sex offender, neither sexual offense with a child under G.S. 14-27.4A(a) nor sexual activity by a substitute parent...
The court reversed and remanded the trial court’s order imposing lifetime SBM. The trial court erred by finding that the defendant was a recidivist where the only evidence presented by the State was the oral statement of the prosecutor that the defendant had obtained reportable offenses in 1989...
The trial court erroneously concluded that attempted second-degree rape is an aggravated offense for purposes of lifetime SBM and lifetime sex offender registration. Pursuant to the statute, an aggravated offense requires a sexual act involving an element of penetration. Here, the defendant was...
The trial court erred by ordering lifetime sex offender registration and lifetime SBM because first-degree sexual offense is not an “aggravated offense” within the meaning of the sex offender statutes.
The trial court erred by requiring lifetime sex offender registration based on second-degree sexual offense convictions. Although the convictions qualify as reportable offenses requiring registration for 30 years, they do not constitute an aggravated offense requiring lifetime registration.