Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
Smith's Criminal Case Compendium
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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.
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In this Wake County case, the Supreme Court affirmed the Court of Appeals decision that defendant’s petition for early termination of his sex offender registration was properly denied.
In November of 2000, Defendant pleaded guilty to sexual exploitation of a child in Colorado. After...
In determining whether the defendant’s convictions for taking indecent liberties with a child suffice to make him a Tier II offender as defined in 42 U.S.C. § 16911(3)(A)(iv), the court held that it was required to utilize the categorical approach, as supplemented by the “modified categorical...
In 2000, the defendant pleaded guilty to sexual exploitation of a child in violation of Colorado’s laws. The defendant served eight years in prison and registered with the Colorado Sex Offender Registry in 2008, as required by Colorado law. In February 2020, the defendant moved from Colorado to...
The court affirmed the trial court’s denial of the petitioner’s petition to be removed from the sex offender registry. The trial court found that the requested relief did not comply with federal law. On appeal, the court rejected the petitioner’s argument that the trial court violated his...
The trial court lacked jurisdiction to reconsider the petitioner’s request to terminate sex offender registration where the State failed to oppose termination at the initial hearing and did not appeal the initial order. At the initial hearing the trial court granted the defendant’s motion to...
(1) The trial court did not err by relying on the federal SORNA statute to deny the defendant’s petition to terminate his sex offender registration. The language of G.S. 14-208.12A shows a clear intent by the legislature to incorporate the requirements of SORNA into NC’s statutory provisions...
(1) On the State’s appeal from the trial court order terminating the defendant’s sex offender registration, the court noted that when a defendant seeks to be removed from the registry because he was erroneously required to register, the more appropriate avenue for relief is a declaratory...
The court rejected the defendant’s argument that the trial court erred by denying his petition for removal from the sex offender registry because the incorporation of the Adam Walsh Act and SORNA into G.S. 14-208.12A(a1)(2) was an unconstitutional delegation of legislative authority. The court...
Holding, in a case in which the trial court denied the defendant’s motion to terminate his sex offender registration, that the superior court did not have jurisdiction to enter its order. Under G.S. 14-208.12A(a), a petition to terminate must be filed in the district where the person was...
(1) Amendments to the sex offender registration scheme’s period of registration and automatic termination provision made after the defendant was required to register applied to the defendant. When the defendant was required to register in 2001, he was subject to a ten-year registration...
The State could not appeal an order terminating the defendant’s sex offender registration requirement when it had consented to the trial court’s action. The court rejected the State’s argument that the trial court lacked jurisdiction to terminate the defendant because he had not been registered...
The trial court erred by terminating the petitioner’s sex offender registration. G.S. 14-208.12A provides that 10 years “from the date of initial county registration,” a person may petition to terminate registration. In this case the convictions triggering registration occurred in 1995 in...