The appropriate procedure to challenge the requirement of registering on the State’s sex offender registry would be through a civil action for declaratory judgment. Such relief is not available via a motion in a criminal case..
Because Sinclair is dispositive, we shall vacate the circuit court’s judgment, and remand this case to that court with directions to dismiss appellant’s motion. This disposition affects only the instant criminal case, because the relief sought is simply not available in this cause.
Tagged with: Cecil County civil procedure Reed Sept. Term 2013 sex offender registry
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