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State v. Bryant

Supreme Court of North Carolina
614 S.E.2d 479 (2005)


During a term of imprisonment in South Carolina, Roy Eugene Bryant (defendant) was notified of, and acknowledged in writing, his obligation to register with the state as a convicted sex offender upon his release. Bryant was also informed of a duty to notify the county sheriff of an intent to relocate to another state within 10 days of the move. After his release from incarceration, Bryant relocated to Winston-Salem, North Carolina and moved into a home with a woman and her two young daughters. Bryant never registered as a sex offender in South Carolina, did not inform state authorities of his intent to move to North Carolina, and never registered as a sex offender in North Carolina. Later, Bryant was arrested for failing to register as a sex offender in North Carolina in violation of state law and charged as a habitual convicted felon. At trial, a detective testified that Bryant admitted he failed to register as a sex offender in South Carolina and that he had been a convicted sex offender in Florida. Bryant argued that the North Carolina registry statute violated the Due Process Clause of the Fifth Amendment, because the law deprived him of sufficient notice of the requirement to register as a sex offender. Bryant was convicted, and he appealed. The court of appeals reversed, holding that the registration statute was unconstitutional as applied to an out-of-state offender. The Supreme Court of North Carolina granted certiorari to review.

Rule of Law


Holding and Reasoning (Brady, J.)

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