In the 2015 legislative session, the General Assembly made two significant changes to the pretrial release statutes: (1) it effectively repealed a “bond doubling” provision for defendants rearrested while on pretrial release, and (2) it expanded the scope of the 48-hour rule for domestic violence cases to include dating couples.
Jeff Welty
Is North Carolina the Only State in Which the Prosecutor Controls the Calendar?
I was on a panel about criminal case calendaring yesterday at the Courts Commission. While talking to people in preparation for the event, I kept hearing one thing: that North Carolina is the only state in which the prosecutor controls the calendar. After conducting some research, I don’t think that’s quite right.
News Roundup
A divided North Carolina Supreme Court decided State v. Packingham last Friday, upholding the statutory ban on registered sex offenders using social networking websites that allow minors to join. G.S. 14-202.5. The defendant argued that the statute violated his First Amendment rights, but the court ruled that the statute targets conduct, not speech, and that any incidental burden on speech is justifiable. A law professor’s skeptical analysis of the decision is here. Another professor’s suggestion that the case may merit review by the United States Supreme Court is here.
News Roundup
Superior Court Judge Arnold Jones, the Chair of the North Carolina Innocence Inquiry Commission, was arrested this week and charged in federal court with bribery and related offenses. WRAL reports here that the judge allegedly attempted “to bribe an FBI officer [by paying him $100] to collect text messages between two phone numbers in what the judge said was a family matter.”
Changes to Jury Waiver Procedures
This session, the General Assembly amended G.S. 15A-1201, which sets out the procedures for waiving a jury trial in superior court. S.L. 2015-289. This post summarizes the changes.
News Roundup
My family and I went to the State Fair last weekend, the same day as Bobby Joe Snyder, the third registered sex offender to be arrested at the Fair this year. WRAL has the story here. We had a good time, watching some clogging, cheering for the Axe Women Loggers of Maine, and eating fried Oreos.
Eyewitness Identification Reform Act Extended to Show-Ups
Effective December 1, S.L. 2015-212 extends the Eyewitness Identification Reform Act, G.S. 15A-284.52, to cover show-ups. But the bill leaves the status of photographic show-ups in doubt and contains a strange provision regarding law enforcement officers as eyewitnesses. This post unpacks the new law.
News Roundup
It’s a ritual of fall: one faculty member or another receives an inquiry about whether registered sex offenders covered by G.S. 14-208.18 may attend a county fair or the State Fair. I tend to doubt that most agricultural fairs are intended “primarily” for kids, which would make them per se off limits, but I think it would be awfully difficult for a covered offender to make his or her way around most such fairs without running afoul of the 300-foot rule and/or the prohibition against being present at places minors gather for “regularly scheduled . . . programs.” We don’t have a case yet discussing sex offenders at fairs, but we may soon. WRAL reports here that a sex offender has been arrested after allegedly posing as a ride inspector at the “kiddie land” portion of the State Fair. Weirdly, WRAL also reports that a second sex offender has been arrested after flying a camera-equipped drone over the fair.
Second Circuit Decides Major Gun Control Case
The Second Circuit just decided a case regarding gun control legislation in Connecticut and New York. It’s important in its own right, and because it concerns two issues that the Supreme Court could soon take up: bans on assault weapons and on high-capacity magazines.
News Roundup
I’m going to admit something here: I’ve never called an Uber. Or summoned an Uber. Used an Uber? Whatever. I’m just old fashioned, I guess. The same cannot be said of Dashawn Cochran, who was recently arrested in Maryland after allegedly robbing a store at gunpoint and escaping via Uber. Very cutting edge! But not successful. It turns out that while Uber drivers are readily available, they’re not highly motivated to try to elude the police. CNET has the story here.