220 N.C. App. 350 - In Re Hamilton’s Empirical Analysis
2012
Citation profile
26 state decisions
Relationships
Applies 42 U.S.C. § 14071 (§ 170101 of the Violent Crime Control and Law Enforcement Act of 1994) · 42 U.S.C. § 16901 (Adam Walsh Child Protection and Safety Act of 2006) · 42 U.S.C. § 16911 · 42 U.S.C. § 16915
Relies on In Re Inquiry Concerning a Judge No. 53 Peoples · Lira-Esquivel v. United States · 144 N.C. App. 623 - Sessler v. Marsh · State v. Cummings · Occaneechi Band of the Saponi Nation v. NORTH CAROLINA COMMISSION OF INDIAN AFFAIRS
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The petitioner demonstrates to the court that he or she has not been arrested for any crime that would require registration under this Article since completing the sentence, (2) The requested relief complies with the provisions of the federal Jacob Wetterling Act, as amended, and any other federal standards applicable to the termination of a registration requirement or required to be met as a condition for the receipt of federal funds by the State, and (3) The court is otherwise satisfied that the petitioner is not a current or potential threat to public safety.”
3 later decisions quote this exact passage“1. The petitioner was required to register as a sex offender under Part 2 of Article 27A of Chapter 14 of the General Statutes for the offense(s) set out above. 2. The petitioner has been subject to the North Carolina registration requirements of Part 2 of Article 27A for at least ten (10) years beginning with the Date of Initial NC Registration above. 3. Since the Date of Conviction above, the petitioner has not been convicted of any subsequent offense requiring registration under Article 27A of Chapter 14. 4. Since the completion of his/her sentence for the offense(s) set out above, the petitioner has not been arrested for any offense that would require registration under Article 27A of Chapter 14. 5. The petitioner served this petition on the Office of the District Attorney at least three (3) weeks prior to the hearing held on this matter. 6. The petitioner is not a current or potential threat to public safety. 7. The relief requested by the petitioner [does not] comp[ly] with the provisions of the federal Jacob Wetterling Act, 42 U.S.C § 14071, as amended, and any other federal standards applicable to the termination of a registration requirement or required to be met as a condition for the receipt of federal funds by the State.”
1 later decision quote this exact passage“(2) Tier I sex offender The term “tier I sex offender” means a sex offender other than a tier II or tier III sex offender. (3) Tier II sex offender The term “tier II sex offender” means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and— (A) is comparable to or more severe than the following offenses, when committed against a minor, or an attempt or conspiracy to commit such an offense against a minor: (i) sex trafficking (as described in section 1591 of Title 18); (ii) coercion and enticement (as described in section 2422(b) of Title 18); (iii) transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) of Title 18; (iv) abusive sexual contact (as described in section 2244 of Title 18); (B) involves— (i) use of a minor in a sexual performance; (ii) solicitation of a minor to practice prostitution; or (iii) production or distribution of child pornography; or (C) occurs after the offender becomes a tier I sex offender.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.