Ronald Springer v. State of Arkansas

Summary

The Arkansas Court of Appeals affirmed the denial of Ronald Springer's petition to terminate his obligation to register as a sex offender. The court held that Arkansas Code Annotated section 12-12-919(b)(2)(B) is unambiguous and permits consideration of evidence without a time limitation, including preconviction conduct. The court also held that the circuit court was not clearly erroneous in finding Springer had not proved that he was unlikely to pose a threat to the safety of others.

Holdings

1. Ark. Code Ann. § 12-12-919(b)(2)(B) is unambiguous and permits the court to consider evidence bearing on whether the petitioner is likely to pose a threat to the safety of others without a time limitation. The court may therefore consider pre-adjudication conduct and circumstances.
2. The circuit court did not clearly err in denying Springer's petition because he failed to prove by a preponderance of the evidence that he was not likely to pose a threat to the safety of others.

Questions Presented

1. Whether Ark. Code Ann. § 12-12-919(b)(2)(B) is ambiguous concerning the time period and conduct a court may consider when deciding whether to terminate a sex-offender registration obligation.
2. Whether the circuit court clearly erred in finding that Springer had not proved by a preponderance of the evidence that he was unlikely to pose a threat to the safety of others.

Disposition

affirmed