In re Bethea (N.C. 2017)

In re Bethea, 806 S.E.2d 677 (N.C. 2017)

Nature of Case: Petitioner brought action to terminate his duty to register as sex offender in North Carolina. Trial court denied on the grounds that his removal would not comply with federal AWA requirements which had been incorporated into state law, the fact that the trial court found that he was not a risk to public safety notwithstanding. Petitioner then appealed, claiming violations of Substantive Due Process and Ex Post Facto prohibitions.

[Ed. Note: Currently seeking review from U.S. Supreme Court]

Holding:  North Carolina Court of Appeals affirmed, holding that the refusal of the trial court did not infringe on Petitioner’s Due Process rights, nor was extension of his registration period or refusal to terminate a violation of Ex Post Facto prohibitions.