State v. GreeneÂ
255 N.C. App. 780
| N.C. Ct. App. | 2017Background
- Linwood Greene pled guilty (Alford plea) on 15 August 2016 to two counts of taking indecent liberties with a child and was sentenced to 26–41 months and lifetime sex-offender registration.
- No satellite-based monitoring (SBM) order was entered at sentencing; the State later applied for SBM and a determination hearing was held 14 November 2016.
- At the SBM hearing the State presented only Greene’s criminal record (including a prior misdemeanor sexual battery); no additional evidence was offered to justify SBM under a Fourth Amendment reasonableness analysis.
- Greene moved to dismiss the SBM application, arguing the State failed to meet its burden to prove enrollment is a reasonable search under Grady and related North Carolina cases.
- The trial court denied the motion and ordered lifetime SBM, finding the State’s interest outweighed Greene’s privacy because of his prior sexual conviction.
- On appeal the State conceded it had not met its burden; the sole dispute was whether the proper remedy is reversal with remand for supplementation or reversal without remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State met its burden to prove lifetime SBM is a reasonable Fourth Amendment search | State argued remand should allow it to supplement evidence supporting reasonableness | Greene argued the State failed to carry its burden and the SBM order should be reversed without remand | Court held State conceded insufficiency; SBM order reversed (dismissal appropriate) |
| Proper remedy after State concession of insufficient evidence | State urged remand so it can present additional evidence | Greene urged reversal without remand (final dismissal) | Court rejected remand; ordered reversal (trial court should have dismissed) |
Key Cases Cited
- State v. Brooks, 693 S.E.2d 204 (N.C. Ct. App. 2010) (characterizes SBM proceedings as civil regulatory)
- State v. Blue, 783 S.E.2d 524 (N.C. Ct. App. 2016) (places burden on State to prove SBM program is reasonable)
- State v. Morris, 783 S.E.2d 528 (N.C. Ct. App. 2016) (affirms State’s burden to prove reasonableness post-Grady)
- Harrell v. W.B. Lloyd Constr. Co., 266 S.E.2d 626 (N.C. 1980) (discusses appellate reversal and remand when trial court relied on incompetent evidence)
- Hill v. Lassiter, 520 S.E.2d 797 (N.C. Ct. App. 1999) (explains Rule 41(b) involuntary dismissal standard in civil bench proceedings)
- Jones v. Nationwide Mut. Ins. Co., 255 S.E.2d 617 (N.C. Ct. App. 1979) (Rule 41(b) dismissal when plaintiff shows no right to relief)