{"id":1630,"date":"2019-01-20T13:51:37","date_gmt":"2019-01-20T19:51:37","guid":{"rendered":"https:\/\/mitchellhamline.edu\/sex-offense-litigation-policy\/?p=1630"},"modified":"2019-10-21T15:34:49","modified_gmt":"2019-10-21T20:34:49","slug":"in-re-mcclain-n-c-ct-app-2013","status":"publish","type":"post","link":"https:\/\/mitchellhamline.edu\/sex-offense-litigation-policy\/2019\/01\/20\/in-re-mcclain-n-c-ct-app-2013\/","title":{"rendered":"In re McClain (N.C. Ct. App. 2013)"},"content":{"rendered":"
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In re McClain, No. 741 S.E.2d 893 (N.C. Ct. App. 2013)<\/h2>\n

Nature of Case: <\/strong><\/strong>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.<\/p>\n

Holding: <\/strong>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.<\/p>\n<\/div>\n

Case Documents<\/em><\/h2>\n