Procedure Archives – Page 16 of 71 – North Carolina Criminal Law

Victims’ Rights Bill Sent to Governor

October 8, 2019September 4, 2019 Shea Denning

Author’s note: Senate Bill 682 was signed by the Governor on September 4, 2019, and was chaptered as S.L. 2019-216.

Last week, the General Assembly ratified Senate Bill 682, which implements the 2018 constitutional amendment that expanded the rights of crime victims. The bill, ratified one day before the constitutional amendment took effect, awaits the Governor’s signature. This post briefly reviews the history of state-law protections for crime victims and the provisions of the 2018 amendment before discussing some of the more significant aspects of SB 682.

Body Camera Footage May Now Be Released for “Suspect Identification or Apprehension”

August 26, 2019 Jeff Welty

The General Assembly recently amended the law that governs the release of body camera footage. This post explains the change.

Venue Vexation

August 14, 2019August 13, 2019 Jonathan Holbrook

When you open a discussion by saying “I came across a really interesting venue issue the other day,” reactions typically range from “I doubt it” to “could we please talk about something else?”

But hear me out on this one — it’s a puzzler.

“Updating” a Criminal Summons

August 6, 2019August 5, 2019 Jeff Welty

What happens when a magistrate issues a criminal summons for a defendant but the defendant can’t be located until after the court date on the summons has passed? For example, suppose that Magistrate Morales issues a criminal summons on January 1. The summons orders Defendant Daniels to come to court on February 1 to answer a charge of misdemeanor larceny of his neighbor’s lawnmower. No law enforcement officer is able to locate and serve Daniels until February 14, when Officer Oxendine spots Daniels enjoying a Valentine’s Day meal out with his girlfriend. What’s the officer supposed to do?

Is District Court a Court of Record?

July 24, 2019 Shea Denning

People often say that district court is not a court of record for purposes of criminal cases. Is that right?

Understanding the Epstein Case

July 22, 2019 Jeff Welty

On July 6, wealthy financier Jeffrey Epstein was arrested and charged with sex trafficking. He’s being held without bond on the charges, which were brought by the United States Attorney’s Office for the Southern District of New York. In 2008, Epstein pled guilty to related conduct in state court in Florida, pursuant to a non-prosecution agreement with the United States Attorney’s Office for the Southern District of Florida. Is the government trying to take a second bite at the apple? Can they do that? Could something like that happen in North Carolina?

Arrest of Judgment

July 18, 2019July 17, 2019 Jamie Markham

When can a court arrest judgment in a case? And what does it mean to do so?

Missing Witnesses, Mistrials, and Manifest Necessity

July 16, 2019 Phil Dixon

The Fourth Circuit recently issued a decision prohibiting retrial of a defendant charged with murder following a mistrial. The government obtained the mistrial over the defendant’s objection when a key witness could not be located during the trial. On appeal, the Fourth Circuit found that no manifest necessity justified the mistrial and that double jeopardy prohibited another attempt by the government to convict the defendant. I previously wrote about mistrials and double jeopardy here, and I wanted to flag this case for readers for its treatment of missing witnesses in the mistrial context. The case is Seay v. Cannon, ___ F.3d ___, 2019 WL 2552953 (4th Cir., June 21, 2019).

How Big a Role Does Money Play in North Carolina’s Bail System?

July 15, 2019 Jessica Smith

I have discussed elsewhere criticisms and concerns asserted regarding money-based bail systems. Among other things, it is argued that money-based bail systems undermine public safety by allowing dangerous but wealthy people to buy their way out of jail with no supervision, and—citing recent empirical research—that unnecessary incarcerations of low-risk people who cannot pay their bonds causes more crime once those people are released. It also is asserted that unnecessary wealth-based detentions of low-risk individuals are unfair, disproportionately impact people of color and inefficiently use taxpayer resources. Finally, some point to successful legal challenges to money-based bail systems as creating litigation risk. In light of those criticisms and concerns, it is natural to wonder: How big a role does money play in our state’s bail system? The answer: A lot.

Criminal Jurisdiction on the Qualla Boundary

July 10, 2019 Shea Denning

Last month, I traveled to a hotel located on the Eastern Cherokee Indian Reservation, or Qualla Boundary, in Cherokee, North Carolina to teach at the summer conference for North Carolina prosecutors. Probably because I had crime and criminal prosecution on my mind, I found myself wondering what happens when a person commits a crime on the reservation. What law applies? Who enforces the law? Who prosecutes the person – and where? I thought I’d do a little research and quickly find the answers. As it turns out, a complicated combination of federal, state, and tribal law governs Indian Country, including the Qualla boundary. And the answers to these questions vary depending on the race of the perpetrator and the victim and the nature of the crime.