In re Bunch
227 N.C. App. 258
| N.C. Ct. App. | 2013Background
- Petitioner William Bunch III petitioned to terminate his NC sex offender registration; trial court granted based on absence of NC registration obligation.
- Petitioner pled guilty in Michigan in 1993 to third-degree criminal sexual conduct involving a 13–15-year-old female.
- Petitioner moved to North Carolina in 2012, registered on February 8, 2012, and filed for termination in Cleveland County Superior Court.
- State presented no evidence; court granted termination on theory petitioner was never required to register in NC.
- Written order issued June 19, 2012; State appeal filed July 19, 2012; appellate court dismissed for lack of preservation of issues; cites Hutchinson line of cases.
- Statutory framework provides termination after ten years of NC registration under N.C. Gen. Stat. § 14-208.12A, and time registered in another state does not count toward the ten-year NC requirement; declaratory relief discussed as alternative in some contexts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of eligibility under § 14-208.12A | Bunch | State failed to preserve the ten-year and reportable-conviction arguments | Appeal dismissed for lack of preservation |
| Whether Michigan conviction is a reportable conviction under § 14-208.6(4) | Bunch | State contends it is reportable | Not preserved; need not reach merits; decision upholding preservation |
| Subject-matter jurisdiction given lack of ten-year NC registration | Bunch | State did not object | Court not deprived of jurisdiction; relief within statute’s scope |
| Effect of Hutchinson and Borden on the case | Bunch | State distinctions not material | Hutchinson controlling; State’s argument not preserved; dismissal follows |
| Whether declaratory judgment would be proper avenue | Bunch | Declaratory relief not exclusive remedy | Declaratory action discussed; but appeal still dismissed for preservation |
Key Cases Cited
- Cohen v. McLawhorn, 208 N.C. App. 492, 704 S.E.2d 519 (2010) (supports appellate jurisdiction when amending order)
- In re Hutchinson, 723 S.E.2d 133 (N.C. App. 2012) (ten-year NC registration not mandatory for jurisdiction; preservation issue)
- In re Borden, 718 S.E.2d 683 (2011) (ten-year NC registration required; time in other states not counted)
- State v. Stanley, 205 N.C. App. 707, 697 S.E.2d 389 (2010) (defense to failure-to-register when never required to register)
- Four Seasons Homeowners Ass’n, Inc. v. Sellers, 72 N.C. App. 189, 323 S.E.2d 735 (1984) (courts may take judicial notice of their own records)