I recently taught on the basics of drug law in North Carolina and was reminded just what a tricky area it can be. Chapter 90 of the N.C. General Statutes is a dense, complex, and ever-evolving set of laws proscribing controlled substances. There are many substances, offenses, enhancements, and sentencing rules to know, as well as evidence issues and offense-specific case law. One thorny area involves the law of drug mixtures. While practitioners handling felony drug cases may be aware of the rules here, they may come as a surprise to others. Some applications of the law in this area can produce unexpected results for the unwary defendant. Today’s post examines the rules of drug mixtures and their implications in North Carolina. Continue reading →
2020 has so far seen several court opinions addressing racial discrimination in criminal cases in one way or another. A majority of the U.S. Supreme Court in Ramos v. Louisiana, 590 U.S. ___ (2020), struck down Louisiana’s practice of allowing non-unanimous jury verdicts, pointing to the law’s racist origins (Emily Coward blogged about the decision here). In State v.Bennett, ___ N.C. ___, 843 S.E.2d 222 (June 5, 2020) and State v. Hobbs, ___ N.C. ___, 841 S.E.2d 492 (May 1, 2020), the North Carolina Supreme Court sent back Batson claims for merits hearings at the trial court (before those decisions, Emily discussed the cases in part here). In State v. Copley, 374 N.C. 224 (April 3, 2020), the N.C. Supreme Court grappled with the issue of race in closing argument (Emily also wrote about the Court of Appeals opinion in that case here). Additionally, the court recently ruled in favor of two capital defendants in the Racial Justice Act litigation. See State v. Ramseur, ___ N.C. ___, 843 S.E.2d 106 (June 5, 2020) (holding repeal of RJA was unconstitutional as an ex post facto violation and granting evidentiary hearing on the merits of claims) and State v. Burke, ___ N.C. ___, 843 S.E.2d 246 (June 5, 2020) (same).
Turning to policing, the Court of Appeals recently weighed in on civil liability and the police, with a divided panel finding excessive force claims against the officer could proceed and affirming the trial court. SeeBartley v. City of High Point, ___ N.C. App. ___, ___ S.E.2d ___ (July 7, 2020). Although the case did not involve allegations of racial bias, it focused on immunity issues that are common in such cases. At the Fourth Circuit, two recent decisions directly addressed issues of race and policing. The first case involved the denial of qualified immunity for officers involved in the fatal shooting of a black suspect; the second dealt with warrantless pedestrian stops. Both cases raise interesting and relevant concerns in the conversation on racial justice and police reform. The excessive force case is Estate of Wayne A. Jones v. City of Martinsburg, 961 F.3d 661 (June 9, 2020) and the warrantless stop case is U.S. v. Curry, ___ F.3d ___, 2020 WL 3980362 (July 15, 2020) (en banc). Today’s post examines the excessive force decision. Continue reading →
On Thursday, June 4, 2020, the North Carolina General Assembly passed S.B. 315, referred to as the State Farm Bill, which was subsequently signed into law by the Governor. The bill was pending all last session and stalled, allegedly over a dispute about how to treat smokable hemp. As I understand it, the bill originally intended to clarify that hemp in all forms (including smokable hemp) was legal (here is an earlier version of the bill taking that approach). After hearing objections from law enforcement and prosecutors (as detailed in the SBI memo on the subject), the proposed bill was changed to ban smokable hemp and regulate the rest of the hemp industry in a variety of ways. When the bill was last being discussed in the news, the dispute at the General Assembly had apparently narrowed to when the smokable hemp ban was to kick in. But, the bill never passed last session, and we were without a Farm Bill until this month. So, what big changes does the bill have in store for hemp in North Carolina? Continue reading →