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Appeals argument on sex-offender registry relief centers on how to read "low" and "relatively low" risk findings
Summary
A registrant seeking relief from the sex-offender registry argued the hearing examiner erred by treating an expert's opinion that risk was "relatively low" as insufficient to grant relief; the Registry Board defended its factual findings and the hearing examiner's balancing of risk factors.
The Appeals Court heard argument in an impounded petition from a registrant seeking relief from lifetime registration obligations. Attorney Burkholder argued the hearing examiner’s decision was not supported by substantial evidence because his expert testified the petitioner’s risk was "relatively low" and that the board failed to explain why that assessment did not equate to relief. Burkholder repeatedly cited a line of appeals…
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