blankBrittany Bromell

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News Roundup

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On Monday, Illinois became the first state to eliminate cash bail. A provision of the state’s criminal justice reform law was supposed to eliminate the use of cash bail across the state on January 1, but was put on hold after prosecutors and sheriffs in 64 counties filed lawsuits challenging the constitutionality of the law. In a 5-2 ruling in July, the Illinois Supreme Court overturned a ruling by a Kankakee County judge that the law ending cash bail was unconstitutional.

The bill does not limit its application to those newly charged with crimes. Defendants who are currently being held on cash bail are entitled to request a hearing to determine if they should be released. In fact, according to this story, a woman—who is alleged to have assaulted four Chicago police officers on Sunday—was released from custody on the day the cash bail was eliminated.

Keep reading for more criminal law news.

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More on the New Pretrial Integrity Act

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Last month, my colleague Jeanette Pitts blogged about the new Pretrial Integrity Act enacted under S.L. 2023-75 (H 813). Since the bill was passed, I have gotten a few questions about potential issues that might arise once it goes into effect on October 1. This post addresses some of those concerns.

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News Roundup

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I am saddened to share news of the tragic shooting that took place on the UNC’s campus Monday, which led to the death of Professor Zijie Yan. Reports of shots fired led to an hours-long lockdown on the campus and public schools nearby. UNC graduate student Tailei Qi, who was a member of Yan’s research group, has been charged with first-degree murder and carrying a gun on an educational campus in connection with the shooting.

Thank you to all who have reached out to us here at the School of Government.

Keep reading for more criminal law news.

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Midyear Review of Criminal Law Legislation

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The North Carolina General Assembly has been hard at work this legislative session, having already passed several bills affecting criminal law and procedure. There are a handful of laws that have already taken effect. As is typically the case, most of the other laws have an effective date of December 1 to allow the courts to prepare for the changes. This post provides a brief summary of the criminal law and related legislation enacted thus far during this legislative session.

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News Roundup

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Jack Teixeira, the 21-year-old member of the Massachusetts Air National Guard who has been charged with leaking classified documents, pleaded not guilty Wednesday to six federal counts of willful retention and transmission of classified information relating to national defense. The classified Pentagon documents were discovered online in March, but prosecutors say that Teixeira had been sharing them on the internet since around January. Teixeira held a top-secret security clearance starting around July 2021 and was trained in the definition of classified information, classification levels and proper handling of such materials. If he is convicted on all six counts, he could face up to 60 years in prison and a fine of up to $1.5 million. Keep reading for more news.

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New Misdemeanor Crime of Domestic Violence

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Last month, the North Carolina General Assembly passed S.L. 2023-14 (S 20) which largely covers changes to abortion laws. Within this bill is also a newly defined “misdemeanor crime of domestic violence,” which takes effect for offenses committed on or after December 1, 2023. This post discusses the utility of the new offense and the implications that it may have on a defendant’s gun rights.

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News Roundup

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A Wake County couple was arrested last week on animal cruelty charges for poisoning three dogs belonging to a neighbor. Ironically, the husband was a donor and board member of a local dog rescue. The rescue group has since announced on Facebook that he has voluntarily resigned. Keep reading for more news.

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48-Hour Rule Refresher

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Pretrial release is generally set by magistrates at a defendant’s initial appearance. As a special approach to setting conditions of pretrial release, the “48-hour rule,” as it is known in domestic violence cases, shifts that responsibility to judges. The rule comes from G.S. 15A-534.1, which provides that a judge rather than a magistrate must set a defendant’s pretrial release conditions during the first 48 hours after arrest for certain offenses. The 48-hour rule generates a lot of questions. Below, I have answered some fundamental questions that have arisen with this rule.

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N.C. Supreme Court Weighs in, Again, on Forfeiture of Counsel

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In December, the North Carolina Supreme Court decided State v. Atwell, 2022-NCSC-135, ___ N.C. ___ (2022)—its third time weighing in on the issue of forfeiture of counsel. The defendant had had five court-appointed attorneys when the trial court determined that the defendant was engaging in delay tactics and entered an order of forfeiture. A majority of the Court of Appeals found no error. In reversing this decision, a majority of the Supreme Court concluded that the record did not show that the defendant engaged in the level of conduct sufficient to warrant a finding of forfeiture.

This post discusses State v. Atwell, forfeiture guidelines as set forth by the state Supreme Court, and suggested practices in dealing with forfeiture of counsel issues.

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2022 Criminal Legislative Summaries

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It’s the most wonderful time of the year: legislative summaries are now available. Though the North Carolina General Assembly has not yet adjourned, it does not expect to have votes during any of the sessions held for the remainder of the year. Nevertheless, there can always be surprises. For now, you can read summaries of … Read more