It has not been long since my last cannabis update, but there are some interesting new developments to report, most notably on drug identification and marijuana. Read on for the details.
Crimes and Elements
Exploring the Scope of North Carolina’s Strangulation Law
What do you typically think of when you hear the word “strangulation”? If you are like most people, the word probably triggers a mental image of hands around someone’s throat. Thinking forward to the aftereffects of strangulation, you might imagine bruises around a person’s neck, redness, scratches, or other visible signs of injury.
Although those are common results, it is not uncommon for a person to present with no external injuries after having been strangled. Rather, a person could potentially be suffering from serious internal injuries. If overlooked, internal injuries can result in severe or permanent conditions.
North Carolina’s strangulation law requires both that the perpetrator “strangle” the victim and inflict “physical injury.” This post explores the meaning of those elements, the potential issues that may arise in applying them, and the approach other jurisdictions take toward the crime of strangulation. The post closes with some observations about whether North Carolina’s current definition of strangulation adequately addresses the ways in which the crime may occur.
Is It Proper to Charge a Person with RDO for Refusing to Open the Door for a Search Warrant?
I was at the magistrates’ fall conference last week when a magistrate asked me whether an occupant of a dwelling could properly be charged with resisting, delaying, or obstructing a public officer (“RDO”) for declining to unlock and open the door for an officer executing a search warrant. At first I thought so, but later became less sure. So I decided to look into it and write about it here.
New Bulletin on Units of Prosecution
I’m happy to announce the publication of my new bulletin, Units of Prosecution: Charging Multiple Counts for the Same Conduct. The bulletin explores a common issue that arises in various contexts: when does conduct constitute one continuing offense and when does conduct constitute more than one offense?
Summer 2022 Cannabis Update
It’s been nearly a year since I’ve written about cannabis issues in the state. Many of the issues I’ve discussed here before remain unresolved, but there has been recent legislation and a new case impacting this area. This post examines the current state of the law on hemp and marijuana.
Determining Eligibility for Return of Guns
Lately I have received a number of questions relating to whether it is appropriate to return guns following a temporary firearms disqualification. The issue seems to arise most commonly when a domestic violence restraining order (“DVPO”) is issued under Chapter 50B of the North Carolina General Statutes, which requires the surrender of guns by a defendant in certain circumstances and allows the defendant to seek return of the guns following the expiration of the order and final disposition of any related criminal charges. See G.S. 50B-3.1.
The issue of returning guns could pop up in other circumstances involving the seizure or surrender of guns. An interplay of state and federal law determines whether a person is disqualified from possessing firearms, temporarily or permanently, and some of the wrinkles are counterintuitive. This post examines some of the most common grounds for disqualification and discusses some limits of state authority in this area. It’s long, but I hope readers find it useful.
Does the First Amendment Protect a Right to Verbally Abuse the Police?
Editor’s note: This post contains vulgar language that isn’t suitable for children and quite possibly many adults. If you’re an email subscriber, your spam filter probably won’t like it, either. Also, it is quite long.
A federal court of appeals recently ruled in favor of a man who called a group of police officers “bitch ass fucking pigs,” “motherfuckers,” and “dirty rat bastards.” It found that his arrest on disorderly conduct charges was unjustified because “mere epithets” directed at a law enforcement officer, no matter how coarse or profane, do not constitute fighting words and are protected by the First Amendment. Wood v. Eubanks, 25 F.4th 414 (6th Cir. 2022). This raises the question: do police officers really have to put up with this?
Additions and Amendments to Organized Retail Theft Laws
The North Carolina General Assembly recently passed S.L. 2022-30 (S 766) which increases the penalties for organized retail theft, provides additional penalties for damage to property or assault of a person during the commission of organized retail theft, and clarifies the procedure for the return of seized property to the lawful owner. The new criminal provisions go into effect on December 1, 2022 and apply to offenses committed on or after that date.
Abortion and North Carolina Criminal Law after Dobbs
I was born the year before the Supreme Court decided Roe v. Wade, 410 U.S. 113 (1973). Abortion has been a constitutionally protected right very nearly my whole life, so I’ve never needed to examine the issue through the lens of criminal law. That has changed as a result of Dobbs v. Jackson Women’s Health Organization, 597 U.S. __ (2022), which overruled Roe. This post identifies some of the issues that may arise under North Carolina criminal law in a post-Roe world.
Arson Law Revisions
The North Carolina General Assembly recently passed S.L. 2022-8 which makes various changes to the existing arson laws. The new criminal provisions go into effect on December 1, 2022 and apply to offenses committed on or after that date. The law includes a savings clause which provides that prosecutions for offenses committed before the effective date are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.