{ "id": 4357911, "name": "STATE OF NORTH CAROLINA v. ALBERT JEFFREY MANNING", "name_abbreviation": "State v. Manning", "decision_date": "2012-06-05", "docket_number": "No. COA11-1448", "first_page": "201", "last_page": "204", "citations": [ { "type": "official", "cite": "221 N.C. App. 201" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "44 F.3d 74", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 7412245 ], "year": 1994, "opinion_index": 0, "case_paths": [ "/f3d/44/0074-01" ] }, { "cite": "839 F.Supp. 1014", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 3851657 ], "year": 1993, "pin_cites": [ { "page": "1017" } ], "opinion_index": 0, "case_paths": [ "/f-supp/839/1014-01" ] }, { "cite": "526 U.S. 489", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11133435 ], "weight": 3, "year": 1999, "pin_cites": [ { "page": "499" }, { "page": "701-02" }, { "page": "1524" } ], "opinion_index": 0, "case_paths": [ "/us/526/0489-01" ] }, { "cite": "683 S.E.2d 411", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2009, "pin_cites": [ { "page": "414", "parenthetical": "quotations and citations omitted" } ], "opinion_index": 0 }, { "cite": "200 N.C. App. 193", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4172373 ], "weight": 2, "year": 2009, "pin_cites": [ { "page": "198", "parenthetical": "quotations and citations omitted" }, { "page": "199" } ], "opinion_index": 0, "case_paths": [ "/nc-app/200/0193-01" ] }, { "cite": "543 S.E.2d 844", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2001, "pin_cites": [ { "page": "848", "parenthetical": "\"[D]e novo review is ordinarily appropriate in cases where constitutional rights are implicated.\" (citations omitted)" } ], "opinion_index": 0 }, { "cite": "353 N.C. 343", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 135972 ], "year": 2001, "pin_cites": [ { "page": "348", "parenthetical": "\"[D]e novo review is ordinarily appropriate in cases where constitutional rights are implicated.\" (citations omitted)" } ], "opinion_index": 0, "case_paths": [ "/nc/353/0343-01" ] }, { "cite": "694 S.E.2d 766", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2010, "opinion_index": 0 }, { "cite": "363 N.C. 857", "category": "reporters:state", "reporter": "N.C.", "year": 2010, "opinion_index": 0 }, { "cite": "683 S.E.2d 437", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2009, "pin_cites": [ { "page": "444" } ], "opinion_index": 0 }, { "cite": "200 N.C. App. 204", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4171907 ], "year": 2009, "pin_cites": [ { "page": "214" } ], "opinion_index": 0, "case_paths": [ "/nc-app/200/0204-01" ] }, { "cite": "N.C. Gen. Stat. \u00a7 14-208.40", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "weight": 2, "pin_cites": [ { "page": "(a)" }, { "page": "(a)" } ], "opinion_index": 0 } ], "analysis": { "cardinality": 425, "char_count": 7379, "ocr_confidence": 0.744, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.14849282718799436 }, "sha256": "0dc5f4f8fad03b74902e7de98a639241adf5fffcc6b0bec08d32d1c6ab1b27a6", "simhash": "1:403bd1e363532842", "word_count": 1204 }, "last_updated": "2023-07-14T16:36:11.101860+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges GEER and THIGPEN concur." ], "parties": [ "STATE OF NORTH CAROLINA v. ALBERT JEFFREY MANNING" ], "opinions": [ { "text": "ELMORE, Judge.\nAlbert Jeffrey Manning (defendant) appeals from an order denying his motion to quash the State\u2019s request for Satellite Based Monitoring (SBM) and placing him on SBM for the term of his natural life. After careful consideration, we affirm.\nOn 14 June 2010, the Department of Correction (DOC) sent defendant notice that it had made an initial determination that he met the criteria of a recidivist as set out in N.C. Gen. Stat. \u00a7 14-208.40(a), which would require him to enroll in SBM. DOC indicated that it had based its determination on defendant\u2019s 9 May 2007 conviction for sexual battery. The letter also notified defendant that a final determination hearing would be held in Pitt County Superior Court on 5 August 2010.\nAt the hearing, the State entered evidence of defendant\u2019s criminal record. The State\u2019s evidence showed that defendant\u2019s first reportable offense was his 9 May 2007 conviction for sexual battery, and his second reportable offense was his 7 October 2008 conviction for taking indecent liberties with a minor. The State then argued that because defendant had two convictions for reportable offenses, he was a recidivist and subject to lifetime enrollment in SBM.\nFollowing the hearing, defendant filed a motion to quash the petition for SBM. On 2 August 2011, the trial court entered an order denying defendant\u2019s motion and placing him on SBM for life. Defendant now appeals.\nDefendant presents two constitutional arguments on appeal. \u201cThe standard of review for alleged violations of constitutional rights is de novo.\u201d State v. Graham, 200 N.C. App. 204, 214, 683 S.E.2d 437, 444 (2009), appeal dismissed and disc. review denied, 363 N.C. 857, 694 S.E.2d 766-67 (2010); see also Piedmont Triad Reg\u2019l Water Auth. v. Sumner Hills, Inc., 353 N.C. 343, 348, 543 S.E.2d 844, 848 (2001) (\u201c[D]e novo review is ordinarily appropriate in cases where constitutional rights are implicated.\u201d (citations omitted)).\nDefendant first argues that the DOC\u2019s letter deprived him of due process because it listed only one of the reportable offenses that qualified him as a recidivist and that the State\u2019s failure to include both offenses deprived him of the opportunity to develop all defenses that he could have asserted at the hearing. We disagree.\nThis Court has previously addressed what notice is required under the statute in order to satisfy procedural due process. We held that \u201c[t]he fundamental premise of procedural due process protection is notice and the opportunity to be heard.\u201d State v. Stines, 200 N.C. App. 193, 198, 683 S.E.2d 411, 414 (2009) (quotations and citations omitted).\n[T]he statute requires that the Department, after making an initial determination that the offender falls into one of the \u00a7 14-208.40(a) categories, then notify the individual of that determination and the date of the scheduled hearing. Thus, the statute requires notice of two facts: (1) the hearing date and (2) the Department\u2019s determination with respect to N.C. Gen. Stat. \u00a7 14-208.40(a).\nStines, 200 N.C. App. at 199, 683 S.E.2d at 415.\nHere, the letter sent to defendant by the DOC satisfied both requirements. First, the letter stated that \u201cyou meet the criteria of recidivist as set out in General Statute 14-208.40(a)[.]\u201d Second, the letter informed defendant that \u201c[a] Determination Hearing has been scheduled in Pitt County Superior Court on August 5, 2010 at 9:00 am, at which time the Court will review your case to make a determination concerning your eligibility for Satellite Based Monitoring.\u201d Since the letter informed defendant of both the hearing date and the specific category of \u00a7 14-208.40(a) under which he fell, we conclude that the letter adequately protected his due process rights.\nFurthermore, we find defendant\u2019s second assertion, that the State\u2019s failure to include both offenses deprived him of the opportunity to develop all defenses, to be without merit. Defendant was afforded nearly two months between the date of the letter and the date of the hearing to prepare his defenses.\nDefendant next argues that SBM infringes upon his constitutional right to travel. We overrule this argument.\nWe have previously decided this precise issue in State v. Pait, a recent unpublished opinion of this Court. There, the defendant was ordered to enroll in SBM for the duration of his natural life. On appeal, the defendant argued that SBM violated his right to interstate travel under the Fourteenth Amendment to the United States Constitution. We held that\n[t]he government may only interfere with the exercise of the right to travel if it can show that such interference is necessary to promote a compelling government interest. Saenz v. Roe, 526 U.S. 489, 499, 143 L. Ed. 2d 689, 701-02, 119 S. Ct. 1518, 1524 (1999). However, a plaintiff must present evidence that his right to travel has been violated. See Spencer v. Casavilla, 839 F.Supp. 1014, 1017 (S.D.N.Y. 1993), aff\u2019d in part and dismissed in part, 44 F.3d 74 (2d Cir. 1994); see also Bare, 197 N.C. App. at 475, 677 S.E.2d at 529 (\u201c[Defendant argues that the [monitoring] device has \u2018hindered his ability to obtain employment.\u2019 However, defendant did not present any testimony or evidence at his determination hearing as to his inability to obtain employment.\u201d).\nSince we are unable to find any evidence in the record showing that defendant\u2019s right to travel was violated, defendant\u2019s assignment of error is overruled.\nState v. Pait, No. COA09-870, 2010 N.C. App. LEXIS 1283, at *6-7 (July 20, 2010).\nAlthough our holding in Pait is not binding precedent on this Court, we nonetheless adopt our reasoning in that case and apply it to the case sub judice. Accordingly, we overrule defendant\u2019s argument, as we are unable to find any evidence in the record to show that defendant\u2019s right to travel was actually violated.\nAffirmed.\nJudges GEER and THIGPEN concur.", "type": "majority", "author": "ELMORE, Judge." } ], "attorneys": [ "Attorney General Roy Cooper by Assistant Attorney General Lisa Harper, for the State.", "W. Michael Spivey, attorney for defendant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. ALBERT JEFFREY MANNING\nNo. COA11-1448\n(Filed 5 June 2012)\n1. Satellite-Based Monitoring \u2014 notice of hearing date and statutory category \u2014 due process rights protected\u2014 adequate opportunity to prepare defenses\nThe trial court did not err by denying defendant\u2019s motion to quash a petition for satellite-based monitoring (SBM) and placing him on SBM for life. A letter sent to defendant by the State adequately protected defendant\u2019s due process rights by informing him of both the hearing date and the specific category of N.C.G.S. \u00a7 14-208.40(a) under which he fell. Further, the State\u2019s failure to include in the letter both offenses that qualified him as a recidivist did not deprive him of the opportunity to develop all defenses as he was afforded nearly two months between the date of the letter and the date of the hearing to prepare his defenses.\n2. Satellite-Based Monitoring \u2014 constitutional right to travel\u2014 no evidence of violation\nDefendant\u2019s argument that the imposition of satellite-based monitoring infringed upon his constitutional right to travel was overruled. The Court of Appeals was unable to find any evidence in the record to show that defendant\u2019s right to travel was actually violated.\nAppeal by defendant from order entered 2 August 2011 by Judge W. Russell Duke Jr. in Pitt County Superior Court. Heard in the Court of Appeals 5 April 2012.\nAttorney General Roy Cooper by Assistant Attorney General Lisa Harper, for the State.\nW. Michael Spivey, attorney for defendant." }, "file_name": "0201-01", "first_page_order": 211, "last_page_order": 214 }