Capacity, Commitment, and COVID-19
The capacity-commitment process in criminal cases is complicated. It involves many moving parts in two different systems: criminal justice and mental health. How is the process bearing up in the […]
April 2, 2020
Case Summaries: Fourth Circuit Court of Appeals – March 2020
This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals in March, 2020. Decisions of interest to state practitioners will be posted on a monthly […]
March 30, 2020
Schalow II and Dismissal for Failure to Join Offenses
On Jan. 7, 2020, the Court of Appeals decided State v. Schalow (“Schalow II”), ___ N.C. App. ___, 837 S.E.2d 593, temp. stay allowed, ___ N.C. ___, 837 S.E.2d 123 […]
March 20, 2020
Bars Shuttered, Restaurants Emptied, and Deadlines Extended to Combat Spread of COVID-19
Executive Order 118. Governor Cooper issued Executive Order 118 on Tuesday, directing bars to close and restricting restaurants to selling food only for carry-out, drive through, delivery, and onsite consumption […]
March 17, 2020
Federal Lawsuit Challenges Alamance County NC’s Bail System
In late 2019, bail litigation came to North Carolina. I have written before about successful federal bail litigation in other jurisdictions, including a decision holding that the bail system in […]
March 12, 2020
New Video Tech, Same Old Rules
My colleagues and predecessors here at the School of Government have written about video evidence many times over the years, summarizing the basic rules and significant cases in posts available […]
March 4, 2020
Case Summaries: Fourth Circuit Court of Appeals – February, 2020
This post summarizes published criminal decisions from the Fourth Circuit Court of Appeals in February, 2020. Decisions of interest to state practitioners will be posted on a monthly basis. Previous […]
March 3, 2020
Does a “Prayer for Judgment Continued” Differ Very Much from a “Prayer for Judgment Granted”?
Once upon a time in the North Carolina courts, a prayer for judgment continued (PJC) could have a positive impact on a person’s future. Essentially, the prosecution would pray—that is, […]
February 24, 2020
2019 North Carolina Conditions of Release Report
We previously produced information about the prevalence of secured bonds at the state and county level. In this report we update that work with 2019 data and look at changes […]
February 18, 2020
What Does It Take to Succeed on a Batson Claim in North Carolina?
A “peremptory strike” is a tool used by lawyers to exercise control over who is seated on a trial jury. When selecting a jury, attorneys may use peremptory strikes to […]
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