Heath v. State

Summary

Case Description: On March 29, 2000, a grand jury indicted Heath for Fourth Degree Rape. Heath pleaded guilty to Second Degree Unlawful Sexual Contact. A judge sentenced Heath to two years in prison, suspended for probation. Heath did not appeal his conviction and the State discharged him after he successfully completed his period of probation on August 8, 2002. As a result of his conviction, Heath became a Tier II sexual offender, required to continue disclosing certain personal information to the Sex Offender Registry. Heath, when he was 19 years old, had consensual sex with a girl, who was less than 16 years old. Heath petitioned the Delaware Board of Pardons for relief. The Board held a hearing on Heath’s petition for an unconditional pardon and the Attorney General did not object. The Board found that Heath no longer posed a threat to the public and recommended that the Governor grant him an unconditional pardon. Based on the State’s failure to object and Heath’s inability to find employment without a pardon and relief from the civil disability imposed on him as a result of his conviction, the Governor granted Heath an unconditional pardon. Heath then filed pro se, and the State opposed, a motion in Superior Court, asserting that the Governor’s pardon relieved him of future compliance with the Sex Offender Registry. A judge issued a bench ruling denying Heath's petition, Heath appealed and the State filed a motion to affirm. On March 26, 2009, The Supreme Court of Delaware denied the motion to affirm and scheduled an en banc hearing on this question of first impression.

http://courts.delaware.gov/opinions/(wbjtkymu005ltmrjj23pu045)/download.aspx?ID=129500