Articles in the Uncategorized category - Page 101 of 154

The ABA Journal reports that the U.S. Department of Justice has filed an amicus brief in a Georgia civil class action asserting that the use of money bail violates arrestees’ due process and equal protection rights when there is no meaningful consideration of their ability to pay and alternative methods of assuring their appearance at trial. The plaintiff in the case is a schizophrenic man who was arrested for public drunkenness and could not afford $160 in bail. Unable to make bail, the man was held for six days in the local jail. The challenged system differs from North Carolina’s pretrial release procedure which, in many cases, expresses a preference for unsecured or non-monetary conditions of pretrial release. Keep reading for more news.

The penultimate episode of the inaugural season of Beyond the Bench is now available! The first half of the episode was produced by Shea, and explores the penalties associated with impaired […]

On Thursday, the United States Olympic Committee issued an apology to Brazil for a “distracting ordeal” involving U.S. Olympic swimmers, bathroom vandalism, and a false report of armed robbery.  Earlier in the week, swimmer Ryan Lochte claimed that he and a few other U.S. teammates were robbed at gunpoint in Rio.  The purported robbery was a high profile example of security concerns at the Brazil games.  As it turns out, the swimmers had drunkenly vandalized a gas station bathroom and concocted the robbery story to avoid getting in trouble.  As their story started to unravel, a Brazilian judge ordered the swimmers’ passports seized.  Lochte escaped Brazil before his passport was taken, but has not escaped merciless criticism from media outlets at home and abroad.

This blog post has good news, bad news, and good news about Alyson Grine, who has served as the School’s defender educator for ten years. During that time, Alyson and I worked closely together on indigent defense education, and I wanted to write this farewell on the School’s behalf. The good news is that she is excited to start her new position this fall as an assistant professor at North Carolina Central University School of Law, and we are excited for her. You can reach her at agrine@nccu.edu. The bad news is that she will be leaving the School, and to put it mildly we are sorry to see her go. Then again, the good news is that she leaves a remarkable record of accomplishments in indigent defense education, on which we can continue to build. What has she done in the past ten years? The more apt question is what hasn’t she done.

As many of you know (mainly because you’ve tried to contact me and I haven’t been available!) Chief Justice Mark Martin appointed me to serve as Reporter for the Criminal Committee of the North Carolina Commission on the Administration of Law and Justice (NCCALJ). This month the NCCALJ is holding public hearings on its reform proposals. One draft proposal, from the Criminal Committee, calls for North Carolina to join the majority of states in the nation and raise the juvenile age to 18. This post provides an update on the Committee’s work on that issue and hopefully will facilitate your comments on the draft proposal.

A shooting that occurred early Sunday morning in Raleigh has made its way into the national news this week.  As CNN reports, Chad Copley has been charged with fatally shooting Kouren-Rodney Bernard Thomas after calling 911 to report that “a bunch of hoodlums” were in front of his house.  Copley then told the dispatcher that he was on neighborhood watch, was “locked and loaded,” and was “going to secure [his] neighborhood.”  Shortly thereafter, a different person called 911 to report a shooting.  The News & Observer reports that investigators allege that Copley fired a shotgun from inside his garage and hit Bernard who was outside.  The case is drawing comparisons to the incident where Trayvon Martin was shot by George Zimmerman.  Keep reading for more news.

The moment you have been anticipating has finally arrived! No, not the start of the Olympics, but the release of Episode 3 of our podcast, Beyond the Bench. It is […]

As the News & Observer reports, late last week the Fourth Circuit struck down significant portions of the Voter Information and Verification Act, legislation passed in 2013 that, among other things, required photo ID at polls and shortened the early voting period.  The Fourth Circuit concluded that certain provisions of the legislation were enacted with racially discriminatory intent, and enjoined the implementation of those provisions.  The News & Observer article says that politicians who support the Act, claiming that it is designed to prevent voter fraud, intend to appeal the decision and consider it to be politically-motivated.  Election officials reportedly are “scrambling to comply” with the ruling.  Keep reading for more news.

North Carolina law prohibits a person who has been convicted of a felony from possessing a firearm. The prohibition, set forth in G.S. 14-415.1, contains narrow exceptions, such as for antique firearms. The question has arisen in several cases whether a person with a prior felony conviction may possess a firearm if necessary to defend himself or others—in other words, whether the person may rely on a justification defense.

In 2014, North Carolina’s voters approved an amendment to the state constitution. The amendment enabled a criminal defendant charged with a crime in superior court to waive his or her right to a jury trial, and instead have his or her guilt or innocence determined by a judge. I wrote a report about the amendment before it was adopted; I wrote about some of the procedural questions raised by the amendment after it passed; and I wrote about 2015 legislation that changed or clarified the waiver procedures. Now we have an appellate case that addresses two issues pertinent to jury trial waivers, so I thought I’d write about that.