News Roundup

A new justice is coming to the North Carolina Supreme Court. Justice Patricia Timmons-Goodson is stepping down, and Governor Perdue says that she will appoint a successor. She plans to bypass the judicial nominating commission that she recently created to take politics out of judicial appointments. The News and Observer has more here and here. … Read more

Cyberstalking and the 48 Hour Rule

G.S. 14-196.3 prohibits “cyberstalking,” which the statute generally defines to mean using electronic communications to threaten, extort, make an abusive or embarrassing false statement about, or repeatedly harass another person. As Jessie noted in this prior post, cyberstalking has become a frequently charged offense. It can be committed by text message, email, Facebook, and other … Read more

Holiday Cheer in Sentencing?

Thanksgiving is my favorite holiday. It puts me in a good mood. I suspect that certain holidays put other people — like judges — in a good mood, too. And there’s some evidence that judges’ sentencing decisions are influenced by factors similar to mood, like the widely-reported study showing that tired judges deny parole more … Read more

News Roundup

Last night, I attended the annual awards dinner for the North Carolina Bar Association’s Criminal Justice Section. It was fantastic and inspiring, as it is every year. Congratulations to long-time Cumberland County assistant district attorney Cal Colyer, the first person other than an elected district attorney to win the Peter Gilchrist award, and to Charlotte … Read more

News Roundup

Everyone knows the headline results from Tuesday: President Obama was re-elected; Pat McCrory will be the next governor; Republicans control the General Assembly; and Justice Newby narrowly retained his seat. But there are lots of interesting details in the State Board of Election’s preliminary results, here. For example: Every district attorney who ran this year … Read more

Election Day

It’s election day, and the various national and state contests have potentially significant implications for criminal law. My rundown of the top races and issues is below, but please weigh in if you think I’m missing something major. Presidential election. Crime and punishment hasn’t been a major focus of the campaign. Some argue that Governor … Read more

News Roundup

Congratulations to my colleague John Rubin, who was just named the Albert Coates Distinguished Professor of Public Law and Government. It’s a well-deserved permanent chaired professorship for John, who has worked tirelessly for many years to improve the quality of indigent defense in North Carolina. In developments outside the ivory tower: The Supreme Court heard … Read more

Court Costs and Traffic Citations

Court costs support many different programs and purposes. The principal statute concerning court costs in criminal cases is G.S. 7A-304. (Under G.S. 15A-1118, these costs also apply to infraction cases.) G.S. 7A-304 establishes various court costs for the support of “courtroom(s) and related judicial facilities,” “courthouse phone systems,” “retirement and insurance benefits [for] . . … Read more

Adulterated Halloween Candy

For as long as I can remember, parents have worried about adulterated Halloween candy, razorblades in apples, and the like. This concern is exaggerated, but not totally unfounded. Snopes states here that researchers have identified about 80 cases of sharp objects, usually pins, reportedly being inserted in fruit or candy distributed at Halloween. Although most … Read more

News Roundup

In Italy, six scientists have been convicted of manslaughter and sentenced to six years in prison for failing to predict an earthquake. Seriously. In other news: The National Association of Criminal Defense Lawyers has just launched this website, which offers information on the restoration of rights after a criminal conviction in all 50 states and … Read more