Legal Opinion

State v. Daniels

Court of Appeals of North Carolina

Decided December 31, 2012No. COA12-417PublishedCited by 11 opinions

1Opinion of the Court

THIGPEN, Judge.

The State of North Carolina (“the State”) appeals from an order entered 5 December 2011 declaring N.C. Gen. Stat. § 14-208(a)(2) and (a)(3) unconstitutional on grounds that both are unconstitutionally overbroad and unconstitutionally vague. We affirm in part and vacate in part.

The evidence of record tends to show the following: William Daniels (“Defendant”) is a convicted and registered sex offender, having been convicted of second degree rape in violation of N.C. Gen. Stat. § 14-27.3 on 10 October 1996 and assault with intent to commit rape in violation of N.C. Gen. Stat. §…

2Cases cited18 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Parker v. LevySupreme Court of the United States · 1974
  3. State v. ThompsonSupreme Court of North Carolina · 1998
  4. State v. GreenSupreme Court of North Carolina · 1998
  5. State v. HalesSupreme Court of North Carolina · 1961

13 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. HowardCourt of Appeals of North Carolina · 2016
  2. Does 1-5 v. CooperDistrict Court, M.D. North Carolina · 2014
  3. State v. PackinghamCourt of Appeals of North Carolina · 2013
  4. Does v. CooperDistrict Court, M.D. North Carolina · 2015
  5. State v. ArmstrongCourt of Appeals of North Carolina · 2015

6 more not listed; retrieve them via the Exa API.

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