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220 N.C. App. 350
N.C. Ct. App.
2012
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Background

  • Petitioner Aaron Evans Hamilton pled guilty in 2001 to taking indecent liberties with a child and received a suspended sentence with intensive supervised probation and 30 days in jail.
  • Registration with the North Carolina Sex Offender Registry was a term of probation; Hamilton registered initially on 27 August 2001 and was discharged from probation on 19 August 2004.
  • Hamilton continued to register annually and had no subsequent offenses.
  • On 17 May 2011, Hamilton petitioned for termination of sex offender registration under N.C. Gen.Stat. § 14-208.12A.
  • At a 29 August 2011 hearing, the trial court entered a single finding: the relief does not comply with the federal Wetterling Act and related standards; the court denied relief.
  • Hamilton appeals the mootness issue and the compliance finding, and the case is remanded for proper factual findings and application of federal standards.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the petition was moot. Hamilton contends mootness should apply. State argues petition remains live. Not moot; remanded for proper findings.
Whether removal complies with federal standards under Wetterling/Adam Walsh Act. Hamilton fully complied with federal standards. State contends standards not satisfied. Adam Walsh Act standards apply; Hamilton eligible for relief; factual findings vacated and remanded.
Whether the trial court failed to make all required findings on the pleadings. Findings 1-7 should have been made as joined issues. Court need only address the issued findings. Remand to make competent findings on all issues joined.

Key Cases Cited

  • Sessler v. Marsh, 144 N.C.App. 623 (2001) (competent-evidence standard for non-jury trial findings; binding on appeal)
  • Gainey v. Gainey, 194 N.C.App. 186 (2008) (trial court must find facts on all issues joined in pleadings)
  • In re Borden, 718 S.E.2d 683 (2011) (statutory-interpretation and pari materia concepts in rights-remedies context)
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Case Details

Case Name: In Re Hamilton
Court Name: Court of Appeals of North Carolina
Date Published: May 1, 2012
Citations: 220 N.C. App. 350; 725 S.E.2d 393; 2012 N.C. App. LEXIS 586; 2012 WL 1512117; COA11-1463
Docket Number: COA11-1463
Court Abbreviation: N.C. Ct. App.
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    In Re Hamilton, 220 N.C. App. 350