Legal Opinion

Lozada v. South Carolina Law Enforcement Division

Supreme Court of South Carolina

Decided December 12, 2011No. 27076PublishedCited by 6 opinions

1Opinion of the CourtJustice Hearn

Jose Lozada appeals the circuit court’s order denying his petition for declaratory judgment seeking to be removed from the Sex Offender Registry. Lozada argues that the crime to which he pled guilty in Pennsylvania — unlawful restraint — is not a “similar offense” to the crime of kidnapping in South Carolina. He accordingly contends that he should not be required to register as a sex offender for unlawful restraint pursuant to Section 23-3-430(A) of the South Carolina Code (2010). We disagree and affirm.

FACTUAL/PROCEDURAL BACKGROUND

In 1998, Lozada pled guilty in Pennsylvania to charges of…

2Cases cited7 opinions

  1. Auto Owners Ins. Co., Inc. v. NewmanSupreme Court of South Carolina · 2009
  2. Colleton County Taxpayers Ass'n v. School District of Colleton CountySupreme Court of South Carolina · 2006
  3. State v. TuckerSupreme Court of South Carolina · 1999
  4. South Carolina Department of Transportation v. Horry CountySupreme Court of South Carolina · 2011
  5. Noisette v. IsmailCourt of Appeals of South Carolina · 1989

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3Cited by6 opinions

  1. State v. ShandsCourt of Appeals of South Carolina · 2018
  2. Johnson v. LloydCourt of Appeals of South Carolina · 2012
  3. Barker v. United StatesDistrict Court, W.D. Missouri · 2022
  4. IN THE MATTER OF REGISTRANT, B.B. IN THE MATTER OF REGISTRANT, A v. (ML-99-07-0009 AND ML-99-07-0140, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED)New Jersey Superior Court Appellate Division · 2019
  5. In the Matter of Jeffrey Allen ChapmanSupreme Court of South Carolina · 2017

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