blank

North Carolina’s First Criminal Justice Summit

In recent years my work at the School has shifted to focus on criminal justice policy. As I work in this area, several issues keep percolating up and capturing interest from a wide swath of judicial system stakeholders. Two such issues pertain to the “front end” of the justice system: overcriminalization and bail reform; two pertain to the “back end” of the system: fines and fees and the criminal record and collateral consequences. Of course, these issues aren’t just of interest in North Carolina—they are grabbing attention across the nation. I’m thus delighted to have the opportunity to explore all four of them at North Carolina’s first Criminal Justice Summit. At the Summit national and state experts with broad-ranging ideological perspectives will discuss these four issues, exploring how they impact justice, public safety and economic prosperity in North Carolina, and whether there is common ground to address them.

Read more

blank

NC Supreme Court Broadens Coverage of “Maintaining a Dwelling”

G.S. 90-108(a)(7) makes it a crime to maintain a store, dwelling, vehicle, boat, or other place for the use, storage, or sale of controlled substances. My NC Crimes book states the elements of the offense:

A person guilty of this offense

(1) knowingly

(2) keeps or maintains

(3) a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place

(4) (a) being resorted to by persons unlawfully using controlled substances

     (b) being used for unlawfully keeping or selling controlled substances.

Read more

blank

Eleventh Circuit Weighs in on the Constitutional Parameters for Bail Systems

Interest in bail reform is heating up in North Carolina. The Chief Justice’s North Carolina Commission on the Administration of Law and Justice recommended implementing evidence-based pretrial justice reform, and reform already is happening in several counties. The North Carolina Courts Commission took up the issue at its September 2018 meeting and Attorney General Josh Stein recently announced a stakeholder Roundtable on the topic. Among the reasons for the interest is this: Litigation risk. Advocates of bail reform have racked up wins in other jurisdictions. In March, I wrote (here) about a recent Fifth Circuit decision holding that the bail system in Harris County Texas violated due process and equal protection. (That opinion was superseded after rehearing but the court’s holding remains essentially the same). In August, the Eleventh Circuit decided Walker v. City of Calhoun, GA, ___ F.3d ___, 2018 WL 4000252 (11th Cir. Aug. 22, 2018). Here’s what happened there:

Read more

blank

Does McCoy v. Louisiana Matter in North Carolina?

In McCoy v. Louisiana, 584 U.S. ___, 138 S. Ct. 1500 (2018), the US Supreme Court held that a defendant’s Sixth Amendment counsel right was violated when trial counsel admitted guilt over the defendant’s intransigent objection. In this post, I’ll discuss what impact, if any, McCoy has on North Carolina law.

Read more

blank

New NC Case on Testimonial Nature of Victim’s Statements to Officers

Under the Crawford Confrontation Clause rule, testimonial statements by witnesses who aren’t subject to cross-examination at trial can’t be admitted unless the witness is unavailable and there has been a prior opportunity for cross-examination. Smith, A Guide to Crawford and the Confrontation Clause, in NC Superior Court Judges Benchbook (UNC School of Government Aug. 2015). In the Davis case, the US Supreme Court set out a two-part rule for determining whether or not statements are testimonial for purposes of the Confrontation Clause:

Read more

blank

Fifth Circuit: Bail System Violates Due Process & Equal Protection

Organizations around the country have called for bail reform. Here at home, a report by the North Carolina Commission on the Administration of Law and Justice recommended that North Carolina move forward with pretrial justice reform. A recent Fifth Circuit case holding that the bail system in Harris County, Texas violates due process and equal protection may create an impetus for jurisdictions to act: Litigation risk.

Read more

blank

Confusing Recorded Recollection and Present Recollection Refreshed

I wrote a post (here) about the recorded recollection exception to the hearsay rule, in which I noted that this exception often is confused with the technique of present recollection refreshed under Evidence Rule 612. We see a little of that in the recent court of appeals decision, State v. Brown. Let’s take a look.

Read more

blank

Better Than Ever: A New Criminal Case Compendium

As many blog readers know, I’ve been offering my free Criminal Case Compendium since 2008. The Compendium is a collection of U.S. Supreme Court, Fourth Circuit & published N.C. criminal law, procedure and evidence case summaries, arranged by subject. Until now, folks have accessed the Compendium online as a massive 900-page PDF, containing over 3,000 case summaries. That worked okay, but we knew we could do better. And we have. My Criminal Case Compendium has just been re-released in a new format: A dynamic web-based version, designed to help you find the law you need even faster. The robust search feature puts real power behind your keyword search, sorting cases by relevancy. And if you like navigating through a table of contents, that’s still there, only amped up a few notches on the “usability scale.”

Read more