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Dispelling Transfer Confusion: 10-Day Appeal Window, Orders for Arrest

My email continues to stay busy with confusion about juvenile cases, including questions about the status of a case during the time for appeal of an order transferring the case to superior court and the use of an indictment to trigger transfer of a juvenile matter to superior court. This blog will address three frequently asked questions (FAQs): (1) which court has jurisdiction over the case during the 10-day period for giving notice of an appeal, (2) what are the restrictions on recordkeeping during that 10-day period or while the superior court considers any appeal, and (3) may an order for arrest be generated when an indictment is returned in a matter that is under juvenile jurisdiction? Continue reading

With Enactment of SB 255, COVID-19 Emergency Directives Come to an End

Earlier today, Chief Justice Paul Newby rescinded the two remaining COVID-19 Emergency Directives. The Chief Justice determined that the enactment of S.L. 2021-47 (Senate Bill 255) on Friday rendered unnecessary Emergency Directive 3, which authorized judicial officials to conduct proceedings that include remote audio and video transmissions and Emergency Directive 5, which permitted verification of pleadings and other documents by affirmation of the subscriber.

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News Roundup

ABC News reports that approximately 50 police officers resigned en masse from the Portland Police Bureau’s Rapid Response Team this week after a member of the team was indicted by a grand jury for excessive use of force during an August 2020 protest in the city.  Officer Corey Budsworth was indicted Tuesday on an assault charge for allegedly striking a woman in the head with a baton during the protest.  The resignations represent the entire membership of the Rapid Response Team, which is a voluntary assignment that mostly involves crowd control duties.  The team has been on duty frequently in recent months because of the extensive demonstrations in Portland following the murder of George Floyd.  Keep reading for more news.

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Case Summaries: N.C. Court of Appeals (June 15, 2021)

This post summarizes published criminal decisions from the North Carolina Court of Appeals released on June 15, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.

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Incompetent Wards and the Sex Offender Registry

I received an interesting question recently when I taught about the intersection of criminal defense and Chapter 35A incompetency. Suppose a person is adjudicated incompetent in a Chapter 35A proceeding and a guardian is appointed. Suppose that same person had been convicted of a crime requiring registration as a sex offender and compliance with the other obligations of Chapter 14, Article 27A. The person is required to register changes to their address (including providing notice to law enforcement of an intention to move out-of-state), to their academic and employment status, and to notify the State of changes to their name or online identifiers, including e-mail addresses. G.S. 14-208.7; G.S. 14-208.9. What effect does declaration of incompetency have on these registration requirements? Who is responsible for ensuring that the incompetent adult complies with these registration obligations—the adult or their guardian? Continue reading

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Case Summaries: Fourth Circuit Court of Appeals (May 2021)

This post summarizes published criminal law decisions released by the Fourth Circuit Court of Appeals in May 2021 that may be of interest to state practitioners. Continue reading

Case Summaries — Supreme Court of North Carolina (June 11, 2021)

This post summarizes criminal decisions released by the Supreme Court of North Carolina on June 11, 2021.

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News Roundup

The Asheville Citizen-Times reports that there has been recent controversy in Madison County following the sheriff’s office hiring a former Asheville police officer and the adoption of a politically charged resolution by county commissioners expressing support for law enforcement.  Keep reading for more on this story and other news.

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Sealed Indictments

Blame it on the pandemic, I guess, but somehow I missed this interesting article from March of last year that looked into how often (and why) search warrants are sealed in North Carolina. Former SOG faculty member Michael Crowell was quoted in the article, and his blog post discussing the significance of In re Cooper, 200 N.C. App. 180 (2009) for sealed warrants is available here. I highly recommend reading both, if you haven’t already seen them

Those articles reminded me of a similar issue that I’ve occasionally had questions about, but I don’t think we’ve ever covered on this blog. What about sealed indictments?

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Chief Justice’s Latest Order Whittles Emergency Directives Down to Two

Half of the adults in North Carolina have been fully vaccinated against COVID-19, and the number of people testing positive for the virus in the state continues to plummet. Fewer than 200 positive cases were identified on the last day for which case counts were reported. Metrics like these signal the waning of a pandemic that has altered the lives of North Carolinians over the past 15 months and that has hampered the operations of state courts. On Friday, Chief Justice Paul Newby issued an order, effective today, extending only two of the dozens of emergency directives that have been issued over the course of the pandemic. Noting that COVID-19 concerns have caused cases to accumulate in the courts, Justice Newby stated that he was extending for 30 days only those directives necessary to dispose of those accumulated cases:  Emergency Directive 3 and Emergency Directive 5.

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