In re McClain, No. 741 S.E.2d 893 (N.C. Ct. App. 2013)
Nature of Case: Petitioner sought to be removed from North Carolina’s registry, and sought relief in the trial court which was denied on the grounds that state law incorporated federal requirements on de-registration, and Petitioner was not eligible. Petitioner then sought review, arguing that this was an unconstitutional delegation of legislative authority under the state constitution.
Holding: The North Carolina Court of Appeals affirmed. The Court held that the state incorporation of federal requirements was not an unconstitutional delegation of legislative authority. Rather than creating a new framework, the state legislature was attempting to bring its own requirements into compliance with federal law which was needed in order to maintain funding.
- Court of Appeals Opinion | view via Google Scholar
- Petition for Discretionary Review
- State’s Response to Petition