Shea Denning, Author at North Carolina Criminal Law

May the State Rely on an ACIS Printout to Prove Habitual Felon Status?

August 15, 2018 Shea Denning

A person who has previously been convicted of three non-overlapping felonies who commits a new felony in North Carolina may be indicted for the new felony and may be separately indicted for obtaining habitual felon status. If the person is convicted of the new felony and of obtaining habitual felon status, the person is subject to more severe punishment for the new felony.

In State v. Waycaster, __ N.C. App. ___ (2018), the court of appeals considered whether the State could prove a prior conviction underlying the defendant’s habitual felon status by offering a printout from the state’s Automated Criminal/Infraction System (“ACIS”) into evidence.

New National/State Mottos License Plate

August 15, 2018August 8, 2018 Shea Denning

If you’ve driven around much in North Carolina, you’ve likely noted the proliferation of special license plates. Legislation authorizing the issuance of such plates is correspondingly ubiquitous. So it wasn’t particularly noteworthy when, earlier this year, the General Assembly added two new special registration plates to the list that now numbers in the hundreds, one for the Order of the Eastern Star Prince Hall Affiliated and another for the Eastern Band of Cherokee Indians.

What is noteworthy about 2018 license plate legislation is the General Assembly’s authorization of a new standard-issue license plate for private passenger vehicle: a National/State Mottos plate.

How the Proposed Constitutional Amendment Would Change Judicial Appointments

August 1, 2018 Shea Denning

This November, North Carolina voters will be asked to vote for or against a “Constitutional amendment to implement a nonpartisan merit-based system that relies on professional qualifications instead of political influence when nominating Justices and judges to be selected to fill vacancies that occur between judicial elections.” If voters approve the amendment, what will change about the way judges are selected in North Carolina?

Marsy’s Law Is on the Ballot; Voters Will Decide Whether it Goes on the Books

September 4, 2019July 25, 2018 Shea Denning

There will be six constitutional amendments on the ballot this November. One of them, S.L. 2018-110 (H 551), expands the constitutional rights of crime victims. Voters will be asked to vote for or against a “Constitutional amendment to strengthen protections for victims of crime; to establish certain absolute basic rights for crimes; and to ensure the enforcement of these rights.” If House Bill 3, ratified yesterday, becomes law no additional explanation of the amendment will appear on the ballot, though the Constitutional Amendments Publication Commission will prepare an explanation of the amendment at least 75 days before the election. If you just can’t wait that long to learn more about the amendment and its effect on existing law, this post is for you.

Is It Disorderly Conduct? And How Should the School Respond?

October 8, 2019July 18, 2018 Shea Denning

Author’s note: The North Carolina Supreme Court reversed the decision of the court of appeals discussed below as to the adjudication for disorderly conduct. In re T.T.E., ___ N.C. ___, 831 S.E.2d 293 (2019). The state supreme court concluded that substantial evidence established that the juvenile perpetrated an “’annoying, disturbing, or alarming act … exceeding the bounds of social toleration normal for’” the high school during the course of the instructional day through a public disturbance by “’engaging in violent conduct’” by “’throwing a chair toward another student in the school’s cafeteria.’”

A high school student throws a chair in the cafeteria. The chair doesn’t hit anyone; indeed, no one is in the immediate vicinity of the chair. The student runs out of the cafeteria. Has the student committed a crime? If so, how should school officials respond?

May a Defendant Appeal an Infraction to Superior Court?

July 11, 2018 Shea Denning

Suppose a defendant is found responsible in district court for one of the many infractions codified in Chapter 20. Take your pick: speeding, a seat belt violation, jaywalking, improper passing, or one of the many other non-criminal motor vehicle offenses. The defendant wishes to appeal that adjudication. May she appeal the case to superior court?

When a Defendant Agrees to Two Trials Instead of One, Can He Claim that Double Jeopardy Bars the Second?

June 27, 2018 Shea Denning

A Virginia grand jury indicted Michael Currier for burglary, grand larceny, and unlawful possession of a firearm by a convicted felon for his alleged involvement in stealing a safe containing guns and cash from another man’s home in March 2012. Currier’s prior convictions for burglary and larceny gave rise to the felon-in-possession charge. To avoid having evidence about those prior convictions introduced in connection with the new burglary and larceny charges, Currier (and the government) agreed to severance of the felon-in-possession charge so that it could be tried separately. The burglary and larceny charges were tried first, and Currier was acquitted. Currier then moved to dismiss the felon-in-possession charge, arguing that the second trial was barred by double jeopardy, or, alternatively, that the government should be precluded from introducing at that trial any evidence about the burglary and larceny for which he had just been acquitted. The trial court rejected Currier’s arguments, and he was tried and convicted of being a felon in possession of a firearm. Virginia’s appellate courts affirmed the conviction. The United States Supreme Court granted review and, last Friday, issued its opinion in the case.

A Bright Line Rule for Traffic Stops

June 20, 2018 Shea Denning

A couple of recent court of appeals opinions emphasize a bright-line rule in cases involving traffic stops. An officer who observes a driver commit a traffic violation may stop the driver to address that violation, even when the violation is minor and the officer has elected to respond to the observed violation because she suspects that other unsubstantiated criminal activity may be afoot.

Got Probable Cause for Impaired Driving?

June 13, 2018 Shea Denning

Two recent North Carolina Court of Appeals opinions help delineate when an officer has probable cause to believe a driver is driving while impaired. In each case, the court of appeals reversed the trial court’s determination that the officer lacked probable cause.

Does a No Contact Order Apply While the Defendant Is in Jail?

June 6, 2018June 6, 2018 Shea Denning

When setting conditions of pretrial release in domestic violence cases, magistrates and judges often order a defendant not to contact the victim. Those directives clearly apply to a defendant once he is released from jail subject to those conditions. But what about a defendant who remains in jail? Is he also subject to a no contact condition included on a release order? The court of appeals addressed that issue yesterday in State v. Mitchell.