NC: Win in North Carolina for Out of State registrants
Out of State registrants in North Carolina and attorney Paul Dubbeling were handed a win yesterday in Federal Court, when the Judge granted summary judgement in their favor!
The lawsuit, “concerns a discrete set of individuals who were required to register as sex offenders after moving to North Carolina prior to December 1, 2006, for out-of-state offenses committed prior to December 1, 2006.”
The crux of the lawsuit was that the determination of whether an out-of-state offense was “substantially similar” to a North Carolina offense and left it up to some employee in the Sheriff’s office to make that determination. That, the court found, violated the plaintiff’s due process rights.
A copy of the decision can be read here: Grabarczyk v. Stein – Order
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They may claim that SOR is “civil,” but penalties are definitely criminal. Once again, states and the federal government have this “Boogie Man Mentality” regarding registrants. Since registrants are deemed the most evil horrific people in this puritan, sex-phobic nation, anything can be done. And LEOs are brainwashed this zealotry.
Only registrants get slapped with these retroactive penalties.