NC Court says NO to Retroactive Lifetime GPS
A North Carolina Appellate Court ruled that a twice convicted sex offender (1997 and 2006) could not be brought back to Court and retroactively sanctioned with lifetime GPS years later.
The defendant was dragged back into court in 2013, 7 years later, and ordered to wear a GPS. He argued that the requirement to wear the ankle bracelet violates his constitutional rights and he had to argue that case all the way to the US Supreme Court! In 2015, the Supreme Court ruled that he did have the right to challenge the obligation and so he went back to the State courts to argue.
After the trial court ruled against him in 2016, he appealed and just today, in a 2 to 1 decision in the Appellate Court, the requirement was deemed unreasonable!
Who says persistence does not pay off?
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“ Nothing in this world can take the place of persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. ” – Calvin Coolidge
Never say die, never give up. Great outcome for the defendant.
I was paroled from prison in Michigan in late 2015. The MDOC had established a practice of reviewing inmates’ records to see if they should have been sentenced to lifetime electronic monitoring, but the court failed to order that. They would then notify the sentencing court, and the judge would add on the lifetime monitor, sometimes years after the original sentencing. I helped a couple of guys appeal that, and just last year in People v Comer, the Michigan Supreme Court agreed with my arguments and ruled that the trial court lost jurisdiction when it passed the original sentence. It didn’t have authority to alter or add to that sentence later. The sad thing is that the guys who wrongfully had lifetime monitoring added have to each individually petition their trial court to have that requirement removed. Most guys don’t know how to do that. Most probably aren’t even aware of the new court ruling. It’s the same situation we on the Michigan registry are dealing with in light of the Does v Snyder decision, which the federal Sixth Circuit Court of Appeals ruled that retroactive additions to the registry law are unconstitutional. The state doesn’t want to issue firm written guidelines, because they figure the sex offenders will simply continue to comply with all of the retroactive rules, even though legally they are no longer under them.
Unfortunately reason and logic are not highly valued in Florida the land of Mickey mouse and make believe.
Sadly it appears that in Florida most people are FINE with that just as long as it effects others and doesn’t effect them.
“Sadly it appears that in Florida most people are FINE with that just as long as it effects others and doesn’t effect them.” This is not restricted to Florida. Unfortunately, it’s the US culture as a whole. How can you have a sense of unity when there is division between people on every turn?
I’m confused. Is this ruling State or Federal level? To me this appears to be at the State level for the win. Either way, it’s still a ruling that can be used elsewhere i’m guessing. Good for the man for standing up for his rights.
State
It’s only binding precedent in NC.
If NC is the first to do this, I know soon, Florida will have to follow.
I plead 2-95, The registry didnt exist. The LAW (at that time) stated “Upon sentencing”, I am to be notified that I am going to be “labeled”. Nothing was said.
19 months later, I am dragged into court and was TOLD
that I was going to be on this “list” and that now I am a predator…. With NO evaluation !
I told the judge “IF I had know about this BS, I never would NEVER have taken this deal.” (Judge never admonished me for the BS comment)
My attorney said that the courts/prosecution cant keep lumping more restrictions on me, I have my sentence, I am complying to everything.
(EX post facto here guys???)
( I went to the reporting company to get the transcripts of that court hearing…. Hmmm……
Seems the court transcripts for that date went “missing”.. They have the judgement saying I was to be put on the list, and labeled, yet NO conversation exists. Not just at one reporter transcription location, but 2 of them !
(Including the records department where you can pull the whole case–Transcripts missing) THAT court transcript would get me off the list, and enough “pull” to get my record expunged.
Awesome !! Just Awesome !!.