The indictment of former President Trump continues to dominate the news. Since Shea’s roundup last week noting the federal charges, the indictment was unsealed. It reveals that Trump faces 37 felonies. Most of the charges (31 counts) relate to Trump’s alleged improper storage and retention of national defense information. The indictment also charges conspiracy to obstruct justice, withholding and concealing documents from the grand jury and from investigators, and making false statements to investigators. The charging document is a so-called “speaking” indictment, laying out much more specific detail about the circumstances surrounding the charges than the more common bare-bones indictments describing only the commission of the elements of the offense. You can read the indictment here or here. Judge Aileen Cannon, who presided over earlier litigation regarding the search warrant at Mar-a-Lago, has been assigned to the case. The former President has pled not guilty. Read on for more criminal law news.
Phil Dixon
2023 Satellite-Based Monitoring Revisions
The General Assembly last amended our satellite-based monitoring (“SBM”) laws in 2021, substantially reworking who qualifies for SBM, the process of petitioning for termination of SBM, and the potential length of SBM (among other changes). If you are still adjusting to those new rules, buckle up. Tucked into the back of S.L 2023-143 (SB 20) are new amendments that once again substantially revise North Carolina’s SBM scheme (in Part VIII, starting at page 44 of the linked bill), effective for SBM orders entered on or after October 1, 2023. This post examines those changes and their potential implications.
News Roundup
In U.S. Supreme Court news, the Court recently stayed the execution of Richard Glossip. Mr. Glossip has spent 26 years on death row in Oklahoma. This was his ninth scheduled execution date. The state Attorney General agreed with Mr. Glossip that a stay was appropriate, categorizing the sentence as a “grave injustice” amid questions about the integrity of the conviction. The stay was obtained from the Court after the state parole board declined to recommend clemency and other state remedies were exhausted. Read on for more criminal law news.
Is NC’s Disorderly Conduct at Schools Statute Unconstitutionally Vague?
I started wondering about that question after reading a recent decision by the Fourth Circuit Court of Appeals, Carolina Youth Action Project v. Wilson, 60 F.4th 770 (4th Cir. 2023) (summarized here). There, the court struck down two South Carolina state laws aimed in large part at regulating conduct and speech in and around schools. Those laws are similar to our version of disorderly conduct by disrupting schools. This post examines the holding of Carolina Youth Action Project and its potential implications for North Carolina law.
Possession of Khat
Readers may have heard of the plant commonly known as khat or qat (or Catha edulis, for the botanically inclined). The plant is indigenous to Africa and is popular in parts of that continent, as well as parts of the Middle East, and is commonly and legally used in some of those places. When the plant is ingested, it acts as a stimulant. As with more familiar stimulants, users tend to experience mild feelings of alertness and euphoria in smaller doses; larger doses can induce delusional thinking, mania, paranoia, and heart problems (among other potential harmful effects). Users typically ingest the plant by chewing its leaves. Exotic though it may be, the plant occasionally finds its way into North Carolina. I have heard anecdotal reports of its presence in Durham, and this recent story from WRAL News noted that it was found in Johnston County as a part of an unrelated investigation. This post examines state law on possession and distribution of khat. Read on for the details.
A Refresher on North Carolina’s Needle Exchange Law and Other Harm Reduction Immunities
In response to the opioid crisis, North Carolina passed several protections designed to alleviate some of the legal liability surrounding drug use in the interest of harm reduction and public health. One of those protections authorized needle exchange programs (alternatively known as safe syringes programs). G.S. 90-113.27. A recent study examined how the needle exchange program is working in seven North Carolina counties and found that the law was not consistently applied. Brandon Morrison et al., “They Don’t Go by the Law Around Here”: Law Enforcement Interactions After the Legalization of Syringe Services Programs in North Carolina, vol. 19, Harm Reduction Journal, 106 (Sept. 27, 2022). Considering the study’s findings, I thought a refresher on the immunity provisions for syringe exchanges and similar protections would be timely. Read on for the details.