State v. Miller
209 N.C. App. 466
| N.C. Ct. App. | 2011Background
- Miller was convicted in Nov 2006 of misdemeanor attempted sexual battery in Rowan County District Court.
- District court sentenced 120 days in prison (suspended) and 24 months supervised probation, with 30 days jail as a special condition.
- He was required to register as a sex offender and participate in the SBM program with strict conditions (no unsupervised contact with minors, no pornography, no drugs/alcohol, warrantless searches).
- On Sept 15, 2009, probation-violation hearing led to activation of the 120-day sentence; Miller did not appeal that ruling.
- A separate SBM eligibility hearing under §14-208.40B prompted a district court finding that Miller was a recidivist and must enroll in lifetime SBM.
- A de novo hearing in the superior court (Mar 2010) again found recidivist status and lifetime SBM; petitioner sought certiorari, which was initially dismissed but later re-filed; the record on appeal was filed Aug 2, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| District court jurisdiction to order SBM | Miller | Miller | District court lacked subject matter jurisdiction to order lifetime SBM. |
| Superior court jurisdiction to order SBM | Miller | Miller | Superior court lacked subject matter jurisdiction over SBM order. |
| Constitutional challenges to SBM (ex post facto/double jeopardy) | Miller | Miller | SBM does not violate ex post facto or double jeopardy; North Carolina Supreme Court precedent controls. |
| Ineffective assistance of counsel at SBM hearings | Miller | Miller | IAC claims not preserved in civil SBM appeals; vacated as orders were vacated. |
Key Cases Cited
- State v. Bare, 197 N.C.App. 461 (2009) (SBM is a civil regulatory scheme; hearings are civil proceedings)
- State v. Bare, 677 S.E.2d 518 (2009) (disc. review denied)
- State v. Bare, 197 N.C.App. 461 (2009) (as above)
- State v. Guffey, 283 N.C. 94 (1973) (improper channels require vacatur of superior court proceedings)
- State v. Bowditch, 364 N.C. 335 (2010) (SBM civil regulatory scheme; no ex post facto/double jeopardy concerns)
- Dunn v. Pate, 334 N.C. 115 (1993) (binding authority on constitutional interpretations)
- State v. Felmet, 302 N.C. 173 (1981) (arrest/vacate when lower court lacks jurisdiction)
- State v. Singleton, N.C. App. (2010) (cited for SBM eligibility proceedings; (note: reporter not provided in text))
- State v. Wagoner, 199 N.C. App. 321 (2009) (IAC claims not available in civil SBM appeals)