State v. MillerAnnotate this Case
Defendant was charged with violating N.C. Gen. Stat. 90-95(d1)(1)(c). Defendant filed a motion requesting the trial court to declare section 90-95(d1)(1)(c) unconstitutional on the grounds that punishing him for violating a newly enacted statutory provision contravened his federal due process rights. The trial court denied Defendant’s motion. Thereafter, a jury convicted Defendant as charged. Defendant appealed, arguing that the statute, as applied to him, violated his due process rights. Specifically, Defendant argued that when a state has rendered otherwise innocent and lawful behavior subject to significant criminal penalties, due process considerations require either that scienter or mens rea be shown in order to prove guilt or, alternatively, that the State establish that Defendant had fair warning that a previously lawful act was now subject to a criminal sanction. The Court of Appeals held that section 90-95(d1)(1)(c) was unconstitutional as applied to Defendant on notice-related grounds. The Supreme Court reversed, holding that Defendant’s conviction did not result in a violation of his federal constitutional right to due process of law because the conviction rested upon Defendant's own active conduct rather than a “wholly passive” failure to act.