North Carolina ordered to remove more than 1,000 from registry

  • This topic has 4 replies, 1 voice, and was last updated 2 weeks, 6 days ago by Robin Vander WallRobin Vander Wall.
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    • #72372 Reply
      Robin Vander Wall
      Robin Vander Wall
      Admin

      By Robin . . . Congratulations to NARSOL’s attorney, Paul Dubbeling, who has successfully challenged the constitutionality of registering individuals
      [See the full post at: North Carolina ordered to remove more than 1,000 from registry]

    • #72374 Reply
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      d

      Good Job NARSOL! Do not forget the damages that these individuals incurred because of being on the list. Now how about a law suite to make them regret doing this in the first place? Money talks and will keep other states from trying the same thing. Sue their A$$%^ off!

    • #72379 Reply
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      TS

      Congrats Robin, Paul, et al on this great victory! Is there any thinking they will appeal to the 4th CCOA in Richmond?

    • #72385 Reply
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      kerry

      Such great news! Registry is starting to crack and this pandemic may be the nail in the coffin. Thank you NARSOL.

    • #72387 Reply
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      Theadore

      You would think that when courts and judges etc. Heard both sides of the arguments about SORA, etc. That they would be alarmingly Disturbed by all that the Registry incompases and Outraged at the skewed research, horrendous Collateral Damages !
      Obtuse Awareness of Injustices !
      A stagaringly and high conviction rates with out of control penalties, punishments and disregard for equal right to be heard at trials and very strict/narrow ideas and constructs of plea deals that are/were very shady and lack of avenues for accused to get fairer and impartial resolutions to crimes committed !!!
      This news is Interesting because ither states like FLORIDA have a no bars hold on pushing dam near anything at Registrants …
      Thanks …

    • #72389 Reply
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      Andrew Eisenhauer

      Great news. Way to go NARSOL!!👍👍👍👍

    • #72400 Reply
      Robin Vander Wall
      Robin Vander Wall
      Admin

      @TS–The state has 30 days to file a notice of appeal. It would be surprising if they do, but we’ll have to wait and see.

    • #72393 Reply
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      Tim in WI

      This took a ton of effort to make happen. Congratulations Robin V and the rest of you folks.
      It took Judge Biggs 3+ years to come to this conclusion. In a way that fact is a sad state of affairs. Constitutional rights are supposed to be the first concern of law makers in their development, but clearly that is not the case today with these two competing parties. One wonders if rights are considered at all when it comes to sex crimes.

      The year 2006 is a mere three years after SCOTUS upheld the notion of the electronic registry regimes. The Rehnquist court gave the benefit of of doubt to congressional intent. That presumption of constitutional intent was plain judicial deference, but “a person who was in prison… for x crime” was prima facie evidence of ex post law. For the minority the use of those particular words were enough to overcome congressional deference from the jump.

      Anyone who reviewed Michigan judiciary committee hearing made note of the concern that offenders were going to move in mass to MI if the law were changed in that state. NC will have little choice but to discount that possibility. If NC legislature attempts to create a legal process for out of staters it will be very difficult to enforce with effect.

      • #72410 Reply
        Robin Vander Wall
        Robin Vander Wall
        Admin

        @Tim in WI–This case is separate from the NARSOL v. Stein case that is still pending before Judge Biggs. The NARSOL v. Stein case is scheduled for trial in Spring, 2021.

    • #72394 Reply
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      Patriot

      Great job! I agree with D. Now it’s time to sue their butts off and make an example out of them and show other states what may happen to them if they try the same thing, or if they don’t change their ways if they are doing something similar. Hit them in the pocketbook. 👍

    • #72395 Reply
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      FinallOffTheReg

      Out-Freakin-Standing!!!

      The one-two punch of Merideth V. Stein in NC and now this case by sagely fought by Paul D and the decision by Judge Boyle should prove to be a groundswell of opportunity for many beleaguered folks (RC’s) in NC. As such, NC keeps trying to “set em up” and NARSOL (Paul D and others) keep knocking them hard to the ground.

      Been waiting on this case. Am here in CT, have been off the Reg for two years (after serving the 10), offense was in 2003, conviction in 2005, release in 2008. But under Federal “Protect Act” got hammered with the Supervised Release. No worry. That will ameliorate itself shortly. Am planning this year to bail out of the Northeast and make my new roost along with a new life and wife and the “picket fence” in Raleigh. As one perhaps (in)famous writer once said: “All Roads Lead to Rome.”

      Bravo!!!! And well done NARSOL!!! Lets hope those NC legislative cowards even think about trying to appeal.

      Namaste

    • #72396 Reply
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      Ernest B Tucker

      GREAT JOB.
      Now if we can just get the rest of this registration declared unconstitutional then things will be looking up.

    • #72397 Reply
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      TnT

      All States need to be sued for these unconstitutional laws and the retroactive punishment these states are giving too people on the registries , They have been placing people retroactivity with out due prosses for years . Glad these Judges are seeing the light ! 30 years late but better late then Never I guess.

    • #72398 Reply
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      FinallOffTheReg

      @TS
      Yes, that is the same question I have too.

    • #72399 Reply
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      Perry

      GREAT JOB NARSOL! For Once, I’m actually happy to see this kind of Good News. Man, has something like this been a Long Time in coming. Furthermore, I too, would like to see these People Sue The Heck out of The State of North Carolina and County Deputy Sheriffs’ Departments and other Agencies that started all this to begin with!! Yes, to be sure, there very well could be some kind of Appeals Process going on right now, I would imagine. So I’m not altogether certain that this is Truly Over, just yet. Still, at least it is an encouraging beginning. Now; for all the other ‘Jim Crow’ States-I refer to THE REST OF THE NATION-I am Praying that this combined with the continued onslaught of The Coronavirus, gives people in support of such Insanity to ponder this in their minds: ‘Maybe We Were Wrong All Along.’ Could such thoughts occur? I don’t know, as I can’t read minds, but I surely hope it does. I also hope more and more State AND Federal Legislators see this as the potential beginning of a Movement to shut down once and for all; this ‘Pharisee’, ‘Self-Righteous’, ‘Back-Door-Dealing’, ‘Corruption-Of-Real-Data-Science’, ‘Sanctioned-Murder’, ‘Not-So-Legalized-VIGILANTEEISM’! The Registry DOES ABSOLUTELY NOTHING, but destroy People’s and Entire Families’ Lives who are actively trying to do all they can to Reintegrate into Society again. I personally would like to see a Piece or two about The Children who are Attacked and Bullied by others, because of a Parent’s current or past Conviction and what such Bullying is doing and has done to them! Those ‘Modern-Day-Pharisees’, aren’t talking about THAT…are they? Nope.
      Done.

    • #72414 Reply
      Robin Vander Wall
      Robin Vander Wall
      Admin

      Thank you, Andrew!

    • #72412 Reply
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      Joe

      So how does this effect People convicted before December 2006 but moved to North Carolina in the last year or two? And what stops North Carolina from giving them their day in court and putting them back on the list?

      • #72421 Reply
        Robin Vander Wall
        Robin Vander Wall
        Admin

        @Joe Unfortunately, the outcome in this case will not help anyone who moved to North Carolina after December, 2006. The state changed the law in 2006 to require registration for anyone who moves to North Carolina who was required to register in another jurisdiction before moving into the state. Since the revised statute does not impose a judicial duty upon local law enforcement agencies, there is no constitutional Due Process infirmity for which the new statute suffers. My advice to registered citizens in any state is to STAY STILL. Don’t move from state to state if it’s possible to avoid that.

    • #72413 Reply
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      JayW

      This is great news. Hopefully, it’ll spread throughout the land faster than Covid has. I read the order, but I’m not legal literate enough to understand it fully. Does (or will) this apply to SO’s convicted in 1994 (10yrs probation) that live in another state, but want to move to NC?

    • #72427 Reply
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      Matt

      This is just my opinion, but I feel we are coming to a point in our countries history where all of this may become irrelevant.

      I say that because it’s a tremendously unconstitutional law but it’s been upheld and supported by the people. Along with many other unconstitutional acts and laws.

      I feel it’ll end up becoming irrelevant because the way our country is going, soon they (the government) may stop acting like they care about the constitution. Then everyone loses all of their rights, not just us. At least to me, it appears they are close to scrapping the constitution entirely and putting the boot we’ve all felt on the entire population.

      This comes from lots of research and too much thought.

    • #72424 Reply
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      freedomwriter

      Congrats on victory. How is requiring everyone to register who “was” required to register elsewhere not a violation of equal protection?

    • #72436 Reply
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      Mike Hall

      Congrats Paul, Robin and all who were liberated from NC SOR as a result of this ruling. A prime example of the good NARSOL and all the chapters do, and just another good reason to support them with our dollars as best we each can.
      Keep up the good fight!

    • #72439 Reply
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      Paul

      Great job 👍. Everyone on the list is not a sex offender. They should be removed. I wish guys could come to Chicago and help us out. Chicago police and laws torture us here. I’m not a sex offender but I was charged with it. I’m looking for your help.

    • #72441 Reply
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      Mike Woodall

      Thank you for your service to our united cause. Awesome job.

    • #72455 Reply
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      R. Bishop

      @Matt I have also done research & studied the law as well as how things are going. I hate to say it but I agree with you. NC laws even after they have been defeated in federal court are just reworded and put back on the books. Recently Laws & Governor orders are far from constitutional.

      This is a victory, a small victory but still a victory. One thousand people that are no longer on the registry, yes a victory indeed.

      One thousand people are equal to around 0.1% of those on the registry. The goal must be 100% end to the sex offender registry.

    • #72456 Reply
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      JJJJ

      Congratulations! And thank you, legal team, very heartily!

      (Buuuuut…)
      I hope that these fortunate ones will not forget that, as long as the registry exists for even one, single, person, then justice and humanity are perverted for all! Our US Constitutional must apply for all!

      And clever parlor tricks (like calling it a civil scheme) in order to skirt the constitution, must be abhorrent to the mind of anyone with the high ideals of justice and liberty in their hearts.

      Please don’t forget us, you fortunate ones. May you remember the brand.

      PS: I also hope that you can get a FAT civil judgement. Hit them in the pocketbook!!

    • #72457 Reply
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      JZ

      Does your advice “to registered citizens in any state to STAY STILL” hold for us languishing in the Floriduh gulag? So far, all we’ve been able to do is slow or prevent more punishments, nothing of any significance has been rolled back like it has in many other states. Truthfully, which states are worse than Floriduh for registrants? I guess a better question would be, which states could a Floriduh registrant move to and have a chance to be removed from the registry?

    • #72458 Reply
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      Maestro

      But when someone has completed their registry requirements in their home state, they should be able to move freely to whatever state they choose and not be forced to register all over again. So this is a win only for a few. Registries will keep growing as people keep moving (better job opportunity, lower cost of living, family matters, etc).
      I hate to rain on the parade here but let’s be real; When you’re done with registration, you’re DONE with registration. Period. And this needs to be fought. If another state’s law on DUI is 5 yrs in prison and your state is only 2 yrs. is the new state you move to going to put you back into the prison system to make up the remainder of the 3 yrs you didn’t have to serve in your home state? No. So the same should apply to registration. When you’re done, you’re done. Period.

    • #72463 Reply
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      bob b

      Great job NARSOL It’s nice to read a positive mail, so tired of Doom & Gloom post.
      We are at a precarious point in the US, however with the number of Governors in the Republic who believe they can edict law rather than laws being created and repealed by congress.
      Now is the time for all good me & women to come to the aid of their country…

      No more boo hoo, let’s continue to push and fight for REPEAL nation wide.

    • #72476 Reply
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      TS

      Thanks @Robin. Let’s pray they don’t appeal in this situation then for sake of making it stand as is for those in NC and precedent for others to use sooner rather than later.

      Congrats once again to the team for this win!

    • #72478 Reply
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      SupportOurConstitution

      PRAISE. GOD., for you, Paul Dubbeling and the ENTIRE team!

      -From the heart of an RC in Ohio

    • #72483 Reply
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      Knife, fork, bottle, cork

      The Federal Constitution was not created to provide us with rights.

      The Bill of Rights was added to the Constitution because the several states would not ratify the document that created the federal government without some assurance that the People’s rights would be recognized and held above any future power of the federal government.

      The experiment has failed just as the creators assumed it would.

      I look forward to the People altering or abolishing this present federal government and replacing it with a new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to affect their Safety and Happiness.

      Until that happens, average people need to feel the loss of freedom as we have.

    • #72486 Reply
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      Tim in WI

      Robin,
      Hmm so we’re discussing two distinct Steins? One a plaintiff and the other a defendant? I still think a viable case can be made for post 2006 out of state entries despite the laws change. Knitting the registration obligation in NC based upon another states determination of necessity is still comparative analysis of law. It would take on due process by confronting NC’s legislative intent behind removing opportunity ( substantive equal protection) to contest the material & relevant question. It seems an impossible proposition for NC to presume those convicted of dissimilar sex crimes in potential 50 other states which may have had differing evidentiary standards to convict & treat them differently by movement dates under the auspices of public safety. By basing the necessity on something other than convictions themselves state swears off its sole reliance of fact that conviction in of itself is enough to justify NC action.

      In doing so the state of North Carolina suggest because a person in required to register his daily driver ( A car for example or maybe a boat) in the home state he must also register that same vehicle when it’s in the boundaries of NC and it must do so precisely because it was required in the first.

      That fact highlights how the electronic database infrastructure eviscerated traditional jurisdictional sovereignty and swallowed it whole. We live in perilous times!

    • #72500 Reply
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      linda shedlock

      Woohoo ! Narsol ! Keep up the great work . One small step at a time !

    • #72513 Reply
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      Moved out of USA

      Just imagaine the feeling of freedom living a normal life again for those that were taken off the registry hit list.
      I know the feeling, I’d legally moved to another country to be free of this hate & fear letting me be responsible again.
      Keep fighting this injustice, it’s not human to destroy one’s life and family after he/she did his time.

    • #72525 Reply
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      Jay

      Great job guys!

      Why do you state – stay in place or do not move? Are you talking while on the list or forever just to be safe?

      Thank you!

    • #72526 Reply
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      JJJJ

      amen. amen.

    • #72557 Reply
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      Vito Lombard

      Keep striving! People need hope.

    • #72567 Reply
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      Tim in WI

      Tnt,
      The same way certain Nazis were identified and held accountable for enslaving human labor, only this time the concentration camp is a database machine.

      No sane human can underestimate the database ‘s ability to advantage a consolidation of real power. Mr. Dubbeling exposed a human truth and the court agreed. Civil rights were proven abridged on mass again in America.

      What is the determination on court fees by the plaintiffs?

    • #72569 Reply
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      Tim in WI

      @Moved out,
      Nobody can outrun the electronic infrastructure or themselves. I cannot begrudge your move though considering the debt loads involved. Creating debt is something we the people have been proven to be excellent at! Robin V. takes the inverse position and advises to “stay put” and I agree, Why turn tail when your opposition are cowards?

    • #72572 Reply
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      mike

      So if I registered in Swain in 5/2006 and my offense date was 93 in Fl then I’m good? I can go back to NC and be free? I barely missed the cutoff for being released from prison on 3/96 by 2 months or I never would have had to register anyway. One thing I can say about Swain at least, is that the court system there is fair.

    • #72659 Reply
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      Michael Lewis

      @Mike
      I wouldn’t come back to Swain right now.
      The sheriff is trying to make registrants follow their rules which are Not law. I do Not follow their rules, I only follow the law. The other registrants don’t realize they Still have rights and only have to follow the law. Not arbitrarily rules that are not enforceable. I have been fighting them over this issue for 3 and 1/2 years now and they gave up trying to enforce their RULES on me.
      Just stay put until NARSOL OR NCRSOL say its ok to move.

    • #72810 Reply
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      Jonathon

      Does this mean that only registrants who moved to NC prior to 2006 don’t have to register? What about people who moved there after?

    • #72817 Reply
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      The King of Facebook

      Age cannot inform morality because deeds are measured by intent.
      As men age our sexual desires diminish and our need for impotence solutions increases. The health benefits of sex are so great that we risk the negative side effects of sexual dysfunction medications to remain sexually active when many times a younger partner could be just as effective, without the need for harmful medications. Cross-culturally men prefer younger partners, and it is not unnatural or immoral to desire sexually maturing youth and it is commonly accepted for men to marry much younger mates.
      We are sexual beings and as such sexual desires will arise between us. Sex is not evil, an thereby intending to have sex is not evil. Taking away someone’s right to choose and forcing your will onto others is immoral.

    • #73002 Reply
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      Larry Z.

      Hello, is this new case in 2021 going to remove registrants that has done non-violent crimes that aren’t severe like the the people on the tier 1 class of the registry? Most of them like myself don’t deserve to be put on the registry, I haven’t hurt anyone at all and can tell you my case if need be of why I was put on the registry, they even said my case was rare but they still put me on the registry for no good reason…

    • #73071 Reply
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      NorthEasternPenn

      !!!! Great Job !!!!

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