In re Borden
216 N.C. App. 579
| N.C. Ct. App. | 2011Background
- Petitioner Mitchell Borden was convicted in Kentucky in 1995 of Rape 1/Sexual Abuse 1st Degree.
- In 2010 Kentucky notified Petitioner that he no longer had to register as a sex offender there.
- Petitioner filed a petition in Guilford County Superior Court on 14 September 2010 to terminate North Carolina sex offender registration.
- Petitioner’s petition lists his date of initial county registration in North Carolina as 1 June 2009.
- At the 13 October 2010 hearing, the trial court considered both the Kentucky removal and North Carolina records, and indicated he likely qualified for termination.
- The trial court ultimately terminated Petitioner’s registration, prompting the State’s appeal challenging the interpretation of “initial county registration.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of initial county registration | State argues it can mean initial county registration in any jurisdiction. | Borden argues it means the date of initial county registration in North Carolina. | Initial county registration = North Carolina date. |
| Effect of out-of-state registration on NC ten-year requirement | State contends out-of-state registration can satisfy the ten-year threshold. | Borden contends only NC registration duration matters. | Ten years measured from NC initial registration only. |
| Conformity with statutory purpose | State relies on broad public safety goals of the registration regime. | Borden relies on statutory text limiting termination to NC registration ten-year period. | Court harmonizes statutes to require NC registration duration to satisfy ten-year limit. |
Key Cases Cited
- State v. Davison, 201 N.C. App. 354 (2009) (statutory interpretation reviewed de novo on appeal)
- In re R.L.C., 361 N.C. 287 (2007) (interpretation of statutory language and legislative intent)
- State v. Abshire, 363 N.C. 322 (2009) (parity of related statutes; in pari materia construction)
- State v. Bryant, 359 N.C. 554 (2005) (twin aims of registration program; public safety focus)
