You’ve probably heard of ChatGPT, the artificial intelligence chatbot built by the company Open AI. The most recent version of Open AI’s product, GPT-4, “scored in the 88th percentile on the LSAT . . . and did even better on the [Uniform Bar Exam] by scoring in the 90th percentile.” More details here, but this might reasonably make criminal lawyers wonder whether we could be replaced by AI. Continue reading
A bill was introduced at the General Assembly this week to prohibit certain pet leasing agreements. H226 would make it a class 2 misdemeanor to lease or sell a cat or dog pursuant to an agreement in which the animal is subject to repossession in the case of a missed payment. I had not heard of such agreements, but according to this Business Insider article, they are legal in 42 states and are not uncommon. Typically they are used when a person wants to buy a pet but can’t pay the entire amount up front and so enters into a lease-to-own or installment purchase agreement that carries the risk of repossession. A bill to address pet leasing was previously introduced in 2021, but that bill (H849) did not advance out of committee. Keep reading for more news.
This post summarizes the published criminal opinion from the North Carolina Court of Appeals released on March 21, 2023. This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during February 2023. Cases that may be of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries can be found here. Continue reading
In January, actor Alec Baldwin was charged with involuntary manslaughter after fatally shooting a cinematographer on a film set in New Mexico. There is no suggestion that the shooting was intentional but the prosecution contends that Baldwin and others were grossly negligent in their handling of firearms. The local district attorney asked that a special prosecutor be assigned to the case. Andrea Reeb, a former district attorney who was elected to the state legislature in 2022, was appointed. In February, Baldwin moved to disqualify her, arguing that having a legislator exercise “either the executive power or the judicial power” as a special prosecutor violated separation of powers principles. Although the court has not yet rule on the motion, Reeb stepped down this week, saying that she “will not allow questions about [her] serving as a legislator and prosecutor to cloud the real issue at hand.” The Associated Press has more here. Keep reading for more news. Continue reading
It is sometimes said that the distinction between voluntary manslaughter, a Class D felony, and involuntary manslaughter, a Class F felony, is a matter of intent. Involuntary manslaughter is frequently described an unintentional killing. That description fails, however, to fully distinguish the offenses since voluntary manslaughter also may be based on a death that the defendant did not intend.
Indeed, unlawfully killing another with the specific intent to do so is murder rather than either type of manslaughter. So what makes some unlawful but unintentional killings voluntary manslaughter and others involuntary manslaughter? It is the intent associated with the underlying act (such as the assault that proximately caused the victim’s death) as well as the nature of that act (was it a felony or inherently dangerous versus simply culpably negligent) that makes the difference. Continue reading
Is lack of consent an element of burglary? This post arises from a conversation I had with a colleague who asserted that the homeowner’s consent could legitimize an entry that would otherwise constitute a burglary. Insofar as a defendant might introduce evidence at trial to establish a lawful entry, that’s certainly correct. But does the State affirmatively have to allege and prove a lack of consent? One of the nine common law felonies, burglary was defined as breaking and entering the dwelling house of another at night with the intent to commit a felony therein. 4 Bl. *224. North Carolina statute divides the crime into degrees – it’s first-degree if the home is occupied – but otherwise retains the common law definition. N.C.G.S. § 14-51. Whatever the State might now have to prove at trial to obtain a conviction, the common law elements did not explicitly include a lack of consent. This post explores the issue of consent in our criminal law and attempts to determine how consent operates to prove or disprove a burglary.
Think about the officers involved in some of the recent high-profile incidents involving police use of excessive force. The officers involved in George Floyd’s death were Derek Chauvin, Alexander Keung, Thomas Lane, and Tou Thao. The officers involved in Tyre Nichols’s death were Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills, and Justin Smith. Walter Scott was shot by Michael Slager. These officers vary in age, race, and education. But they have one thing in common: they’re all men. Continue reading
The most shocking story of the week involves four residents of South Carolina who travelled to Mexico, where two were killed and the other two abducted and eventually rescued. At least one member of the group was apparently planning a cosmetic medical procedure while abroad. It initially appeared that the four had been accidentally caught in the middle of a shootout between rival cartels, but more recent reporting has suggested that they may have been targeted after being mistaken for Haitian drug traffickers – or even may have been involved in drug trafficking themselves. WRAL has an updated story here, and the New York Post has one here scrutinizing the criminal history of the victims. It is certainly an evolving story. Read on for more news. Continue reading
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 7, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
