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