NC high court weighs if tracking sex offenders reasonable
Law Journals
North Carolina's Supreme Court is re-evaluating whether forcing sex offenders to be perpetually tracked by GPS-linked devices, sometimes for the rest of their lives, is justified or a Constitution-violating unreasonable search.
The state's highest court next month takes up the case of repeat sex offender Torrey Grady. It comes three years after the U.S. Supreme Court ruled in his case that mandating GPS ankle monitors for ex-cons is a serious privacy concern.
"There's different possible outcomes of the case. One is that it's never reasonable at all. Another is that it's reasonable, maybe while the person is still on post-release supervision" for five years after prison release, said James Markham, a professor who focuses on criminal law at the University of North Carolina's School of Government. "Another possibility is that it's reasonable for the rest of their life."
Grady took his case to the nation's top court arguing that having his movements forever monitored violated his constitutional protection against unreasonable searches. The U.S. Supreme Court ruled that attaching a device to a person's body in order to track their movements qualifies as a "search" and a question of constitutional rights. But the decision left it up to states to decide whether imposed monitoring is reasonable, and for how long.
Related listings
-
Court fight likely in 10-year-old girl’s homicide case
Law Journals 11/10/2018When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young.The girl told investigators she panicked a...
-
Supreme Court hopeful had DWI charge in 2009
Law Journals 10/17/2018A candidate for the North Carolina Supreme Court pleaded guilty more than nine years ago to trespassing and driving while impaired.The Charlotte Observer reports Republican Chris Anglin was stopped by police in Greensboro in January 2009 and charged ...
-
Trials adding up for West Virginia Supreme Court justices
Law Journals 10/02/2018The federal trial of the ousted chief justice of the West Virginia Supreme Court is starting a day after a colleague's impeachment trial began in the state Senate.Jury selection is set to get under way Tuesday in U.S. District Court in Charleston for...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.