A defendant who claims self-defense is generally permitted to offer evidence of the victim’s prior violent conduct if known to the defendant at the time defensive force was used. Such evidence is relevant to the reasonableness of the defendant’s belief in the need to use force. In State v. Ervin, No. COA24-650 (N.C. Ct. App. April 2, 2025), the trial court excluded as irrelevant and unduly prejudicial evidence offered by the defendant to show his state of mind at the time he killed his girlfriend’s brother, namely, evidence that the victim was in a gang. The Court of Appeals found no error, stating that evidence the defendant feared for his life because the victim was in a gang “does little to support his theory of self-defense.” This post examines the opinion in Ervin.
Joseph L. Hyde
News Roundup
The top story this week is that country music star Jelly Roll has been recommended for a pardon by a Tennessee parole board. NBC has the story, as well as ABC and the AP. The singer, whose legal name is Jason B. Deford, 40, was convicted in 2008 of robbery and drug possession. He was released in 2016 and struggled to succeed as a musician before earning four Grammy Award nominations in February. Davidson County, TN, Sheriff Daron Hall asked Governor Bill Lee to pardon Jelly Roll last year, and the parole board’s vote on Tuesday was part of that mission. The matter is now pending before the governor. Read on for more criminal law news.
Preservation Reservations in State v. Bell
The defendant in State v. Bell, No. 86A02-2 (N.C. March 21, 2025), failed to object to gender-based discrimination during jury selection. Accordingly, the North Carolina Supreme Court concluded that the “defendant’s J.E.B. claim was not preserved for appellate review.” Slip Op. at 2. If the Supreme Court were reviewing a judgment of conviction on direct appeal, this would not be surprising: a defendant’s failure to raise a constitutional issue at trial generally precludes a court’s consideration of the issue on appeal. But the Supreme Court in Bell was instead reviewing the denial of the defendant’s motion for appropriate relief, where the applicability of the preservation rule is less clear. This post considers Bell’s application of that rule to a postconviction motion.
When is Double Jeopardy a Rule of Evidence?
The defendant in State v. Greenfield, No. COA23-597 (N.C. Ct. App. Feb. 19, 2025), argued the trial court erred by admitting evidence and allowing argument about an attempted armed robbery charge for which he had previously been acquitted. The Court of Appeals posited that evidence is inadmissible under the Double Jeopardy Clause only when it falls within the scope of the collateral estoppel doctrine, which precludes relitigation of an issue of fact previously determined by a final judgment. The Court of Appeals concluded that the trial court did not err by failing to intervene in the closing argument here, but its formulation of the rule begs the question: under what circumstances will double jeopardy require the exclusion of evidence? This post attempts to answer that question.
News Roundup
Seven men are charged with stealing millions from the homes of six professional athletes across the country, as reported by NPR. Court documents do not identify the victims by name, but the details are consistent with reported burglaries at the homes of Patrick Mahomes and Travis Kelce of the Kansas City Chiefs and Joe Burrow of the Cincinnati Bengals. CNN adds that the suspects were apprehended after taking a selfie discovered by the FBI. Read on for more criminal law news.
News Roundup
The lead story this week is the sentencing of former U.S. senator Bob Menendez on Wednesday to 11 years in prison, per this report from the Washington Post. Menendez, 71, a longtime New Jersey lawmaker, was convicted last year in federal court of bribery and extortion, among other charges. He is the first public official in the United States to be convicted of acting as a foreign agent. Menendez has given notice of appeal. Read on for more criminal law news.
O’er the Ramparts: Sizing Up the Castle Doctrine in State v. Carwile and State v. Williams
The castle doctrine statute, G.S. 14-51.2, provides that it is presumptively reasonable for the lawful occupant of a home or motor vehicle to respond to an intruder with deadly force. State v. Phillips, 386 N.C. 513, 527 (2024). Two recent decisions examine the scope of this protection. In State v. Carwile, No. COA23-885 (N.C. Ct. App. Dec. 17, 2024), the Court of Appeals held that the castle doctrine did not apply when the defendant was outside his home. By contrast, in State v. Williams, COA24-50 (N.C. Ct. App. Dec. 31, 2024), the Court of Appeals held the castle doctrine did apply though the defendant was outside of his car. This post seeks to harmonize Carwile and Williams.
Unilateral Conspiracy and Money Laundering
North Carolina is a bilateral conspiracy jurisdiction. Defining conspiracy as a combination of two or more persons to do an unlawful thing means that if the only other participant is an undercover officer or an informant – that is, one who lacks criminal intent – then there is no conspiracy. Under a new statute effective December 1, 2024, however, it is no defense to conspiracy to commit money laundering that the person with whom the defendant is alleged to have conspired was a law enforcement officer or acting at the direction of a law enforcement officer. G.S. 14-118.8(i). The new statute thus adopts the unilateral approach to conspiracy taken by the Model Penal Code and some other states. This post considers the new statute and its innovation in the law of conspiracy.
News Roundup
The top story this week is the arrest on Monday of Luigi Mangione, 26, accused of fatally shooting UnitedHealthcare CEO Brian Thompson outside a Manhattan hotel on December 4. Multiple news outlets, including ABC, BBC and CBS, have reported on the investigation, noting that Mangione’s fingerprints matched prints found near the crime scene, that the gun Mangione was carrying when arrested matched shell casings from the crime scene, and that handwritten pages he possessed appear to claim responsibility for the shooting. Read on for more criminal law news.