NARSOL’s ex post facto case clears hurdle, proceeds to discovery

By Robin . . . On January 23, 2017, the National Association for Rational Sexual Offense Laws (NARSOL) and its affiliate in North Carolina (NCRSOL), along with two John Doe plaintiffs, filed an 88-page complaint in the U.S. Federal Court for the Middle District of North Carolina. The complaint alleged various constitutional claims concerning Article 27A (sex offender registry scheme) of…

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NC Supreme Court will hear GPS monitoring case

By Emery P. Dalesio, AP . . . North Carolina’s Supreme Court is re-evaluating whether forcing sex offenders to be perpetually tracked by GPS-linked devices, sometimes for the rest of their lives, is justified or a Constitution-violating unreasonable search. The state’s highest court next month takes up the case of repeat sex offender Torrey Grady. It comes three years after the…

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Sex offenders on Halloween are like zebras at church

edited 11/12 By Sandy . . . In 1996 the North Carolina General Assembly created the public sex offender registry and established the crimes, the requirements, and the consequences pursuant to it. 2005 is the first year that I am able to verify law enforcement action involving special requirements for those on the registry at Halloween. A piece from Gaston…

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Cato Inst. files amicus brief to Supreme Court in ex post facto case

Used with permission By Ilya Shapiro and Nathan Harvey . . . Article I, Section 10 of the Constitution provides that “[n]o State shall … pass any … Ex Post Facto law.” The Ex Post Facto Clause was incorporated into the Constitution to prohibit states from enacting retrospective legislation, which the Framers believed to be inherently unfair and contrary to the principles of…

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Still the question: Will sex offenders be allowed in emergency shelters in NC?

By Sandy . . . Multiple persons on the North Carolina sex offender registry were told that, if they needed to evacuate due to Hurricane Florence, they could not go to a shelter in a school or a church if it had a school or a daycare. Some were told they couldn’t go to any shelter that had children in…

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NARSOL to North Carolina: Open emergency shelters to ALL

A tragedy is playing out in North Carolina, a tragedy riding on the storm waves of Hurricane Florence predicted to make landfall along the coastline within a few days. Some areas have already been declared mandatory evacuation zones, and emergency shelters are being established as quickly as possible in what are deemed to be safe areas. The tragedy is that…

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NC COA: Satellite based monitoring unreasonable without evidence it works

Associated Press . . . North Carolina’s second-highest court says authorities can’t force a sex-offender to wear a monitoring device for decades because evidence fails to show that tracking protects the public. A divided three-judge panel of the state Court of Appeals ruled Tuesday that because officials presented no evidence that satellite-based monitoring is effective, it violates the U.S. Constitution’s…

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NARSOL streamlines original lawsuit; NCRSOL files new lawsuit

By Robin Vander Wall . . . On April 16, 2018, NARSOL’s attorney, Paul Dubbeling, represented NARSOL, NCRSOL, and two Doe plaintiffs before federal District Court Judge Loretta Biggs at a hearing to defend NARSOL v. Stein against the state of North Carolina’s Motion to Dismiss. Then on May 30, Judge Biggs entered an order seeking “a more definite statement”…

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Lawsuit moves forward in twice-delayed hearing on Motion to Dismiss

By Robin Vander Wall . . . At a hearing in federal court (Middle District, NC) on Monday, April 16, 2018, NARSOL, NCRSOL, and two John Doe plaintiffs were represented by Attorney Paul Dubbeling to defend against the state of North Carolina’s Motion to Dismiss a lawsuit filed in January, 2017 seeking declaratory and injunctive relief under section 1983 of…

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