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Book Review: The Devil at His Elbow

I work in the field of criminal law and have penchant for Southern Gothic (and also I am human) so of course I followed Alex Murdaugh’s 2023 trial for the murder of his wife and son. The story was sensational, and the facts spooled out like an old-school television mini-series, weaving a tale in which a small-town southern family dynasty was strangled by the privilege that once helped it flourish. But if you watched the new-school Netflix series, Murdaugh Murders: A Southern Scandal, I’m not telling you anything you don’t already know.

What I am here to tell you about is The Devil at His Elbow, a non-fiction work by Valerie Bauerlien, which chronicles the Murdaugh family through five generations, the intertwined history of Hampton County, South Carolina, where they lived, and the investigation, prosecution, and conviction of Alex Murdaugh for murder and numerous financial crimes. Bauerlien, a reporter for the Wall Street Journal, attended and reported on both the murder trial and the court proceedings in the fraud cases, and her recounting of those matters, including the investigation and the attorneys’ trial tactics, is a riveting read. But the aspect of the work that I found most compelling–indeed haunting–was the institutionalized behavior that affronted my notions about justice and fair play, the role of the courts as the protector of individual rights, and the inviolate right to trial by jury. Bauerlien exposed the manner in which generations of Murdaugh men co-opted their public positions and exploited the justice system to serve their own ends. Until Alex’s downfall in 2023, this behavior had gone unchecked for nearly a century.

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New Pattern Jury Instructions Now Available

Each year the School of Government publishes new and revised pattern jury instructions for civil, criminal, and motor vehicle negligence cases. Those instructions are created and compiled by the North Carolina Conference of Superior Court Judges Committee on Pattern Jury Instructions. The 2024 updates are available for free download here. Among this year’s changes are new instructions for crimes recently defined by the state legislature, including patient brokering, street takeovers, new death by distribution offenses, the new misdemeanor crime of domestic violence, and elevated versions of the offense of breaking or entering a motor vehicle. Several existing criminal instructions also have been amended, including the instruction for substituting alternate jurors after deliberations begin (N.C.P.I. – Crim. 100.40). That instruction now includes a note well advising of the ruling in State v. Chambers, 292 N.C. App. 459 (2024), and the stay entered by the North Carolina Supreme Court.

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Smith v. Arizona and So Many Unanswered Questions

I recently gave a criminal law case update to a group of judges.  I had quite a few cases that I planned to cover in relatively short order. I started with Smith v. Arizona, 602 U.S. 779 (2024), in which the United States Supreme Court held that statements from an absent laboratory analyst that a testifying analyst conveyed to support his expert opinion about the chemical composition of the substances seized from the defendant were hearsay. For that reason, their admission at the defendant’s trial on drug charges raised Confrontation Clause concerns. To my chagrin, twenty minutes later, I was still talking about Smith, attempting to helpfully respond to a barrage of questions from trial court judges about the practical import of the decision for various kinds of testimony frequently proffered by the State during a criminal trial. Those questions included the following:

  • The substitute analysts I see don’t typically rely on another analyst’s report. Instead, they examine the underlying testing data and reach an opinion based on that. Is that testimony admissible?
  • May a supervising analyst who reviewed the testing done by and conclusions of another analyst pursuant to laboratory protocols testify to the conclusions the supervising analyst reached about the identity of the substance?
  • Suppose a new analyst retests a substance. Will he or she be able to establish a sufficient chain of custody for the substance tested given that the substance was initially received and examined by an analyst who is not available to testify?

This post will review what we knew about substitute analyst testimony before Smith was decided, will recap the Court’s analysis in Smith (analyzed in detail here), and will provide some thoughts about Smith’s import that may inform a court’s analysis of the questions posed above.

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Annual Report from the North Carolina Judicial College (2023-2024)

I am excited to share the latest annual report from the North Carolina Judicial College. Spoiler alert: In fiscal year 2023-2024, we offered more courses (51!) to more participants (more than 3,200!) than we have in my previous years as Judicial College Director. And our participants were pleased with the content, awarding our courses an … Read more

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New Publication on Driver’s License Revocations, Restorations and Privileges

I am thrilled to announce the availability of a new publication, Driver’s License Revocations, Restorations, and Limited Driving Privileges in North Carolina. This is the first School of Government publication that combines information on triggering events and convictions that lead to the revocation of a person’s North Carolina driver’s license, how and when driving privileges may … Read more

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2024 Changes to Laws Governing Limited Driving Privileges and Requiring Ignition Interlock

In July, the General Assembly enacted S.L. 2024-43 (H 25), legislation that makes three significant changes to the laws governing driving by person following a conviction for driving while impaired (DWI) and certain related offenses.

First, the act expands the categories of defendants who may receive a limited driving privilege following a DWI conviction. Second, it broadens the categories of defendants who must install an ignition interlock device (IID) as a condition of having their driver’s licenses restored following revocation for DWI-related convictions. Third, it extends revocation periods and IID restriction periods when an IID violation is committed during the last 90 days of the period.

The changes applicable to limited driving privileges are effective for limited driving privileges issued on or after December 1, 2024. The changes applicable to IID restrictions on restored licenses are effective for driver’s licenses that are revoked on or after December 1, 2024.

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Welcome, Belal Elrahal!

I am pleased to announce that Belal Elrahal joined our faculty earlier this month. Belal is working in the field of criminal law and procedure and will specialize in impaired driving and motor vehicle law. Belal joins our colleague Melanie Crenshaw as co-faculty lead for the School of Government’s work with the state’s nearly 700 … Read more

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News Roundup

The biggest news story of the week is a gunman’s attempt to assassinate former president and current presidential candidate Donald Trump during a campaign rally in Butler, Pennsylvania on Saturday. The gunman, identified as 20-year-old Thomas Matthew Crooks, fired eight rounds from a semiautomatic AR-style rifle in Trump’s direction. Trump was struck in the ear, rally attendee Corey Comperatore was killed, and two other men were critically wounded in the attack. The New York Times analyzed video, audio, and photographs of the event and created this narrative video timeline. The Times video ends with this question: Why was the former president allowed to remain on stage when the threat emerged minutes before shots rang out?

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Fearrington v. City of Greenville:  North Carolina Supreme Court Reverses Court of Appeals and Upholds City’s Red Light Camera Enforcement Program as Constitutional

Two men fined in 2018 for failing to stop at red light camera locations in Greenville, NC filed declaratory judgment actions arguing that the program violated the Fines and Forfeitures Clause of the North Carolina Constitution because the local school board received less than the clear proceeds of the civil penalties the city collected. The Court of Appeals in Fearrington v. City of Greenville, 282 N.C. App. 218 (2022) (discussed here), agreed, concluding that the funding framework violated the state constitution. The North Carolina Supreme Court granted discretionary review and, in an opinion issued on May 23, 2024, reversed the court of appeals ruling on the constitutional issue. Fearrington v. City of Greenville, ___ N.C. ___, 900 S.E.2d 851 (2024).

This post will discuss red light camera programs, their relationship to the Fines and Forfeiture Clause, and the Supreme Court’s decision in Fearrington.

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