Smith's Criminal Case Compendium

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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E.g., 09/22/2021
E.g., 09/22/2021

The trial court properly required the defendant to enroll in lifetime SBM. When deciding whether a conviction counts as a reportable conviction as an “offense against a minor”, the trial court is not restricted to considering the elements of the offense; the trial court may make a determination as to whether or not the defendant was a parent of the abducted child. The defendant had a 2009 conviction for abduction of a child. Although the State did not present any independent evidence at the SBM hearing that the defendant was not the child’s parent, the trial court previously made this determination at the 2009 sentencing hearing when it found the conviction to be a reportable offense. This prior finding supported the trial court’s determination at the SBM hearing that the defendant’s conviction for abduction of a child was a reportable conviction as an offense against a minor.

A conviction for abduction of a child under G.S. 14-41 triggers registration requirements if the offense is committed against a minor and the person committing the offense is not the minor’s parent. The court held that as used in G.S. 14-208.6(1i), the term parent includes only a biological or adoptive parent, not one who “acts as a parent” or is a stepparent.

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