The North Carolina General Assembly has been hard at work this legislative session, having already passed several bills affecting criminal law and procedure. There are a handful of laws that have already taken effect. As is typically the case, most of the other laws have an effective date of December 1 to allow the courts to prepare for the changes. This post provides a brief summary of the criminal law and related legislation enacted thus far during this legislative session.
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Xylazine: What Legal and Public Health Professionals Need to Know
The drug xylazine has been in the news recently as a dangerous substance commonly mixed with heroin, fentanyl, and other drugs. Xylazine is not an opioid nor is it currently a controlled substance, which presents unique challenges for legal and public health professionals. This post, co-written by SOG faculty members Kirsten Leloudis and Phil Dixon, examines the legal and public health issues surrounding the drug.
News Roundup
People across the country gathered on Tuesday to celebrate Independence Day. Sadly, celebrations in Philadelphia, Pennsylvania and Shreveport, Louisiana were marred by mass shootings. Forty-year-old Kimbrady Carriker is accused of killing five people – including a 15-year-old boy – after he fired randomly along several blocks of a southwest Philadelphia neighborhood. CNN reports that Carriker, who had a previous gun conviction, was armed with an AR-style rifle and a 9 mm handgun – both privately made ghost guns — and was wearing a bulletproof vest.
Meanwhile, in Shreveport, four people were killed and at least seven others injured during a Fourth of July block party when multiple unidentified men exchanged gunfire. First responders had difficulty getting to the victims because of the number of vehicles at the gathering. No suspects have yet been arrested. CNN has the story here.
Civilian Traffic Enforcement Comes to North Carolina
Editor’s note: We are pleased to welcome M. Jeanette Pitts to the blog as an author. Jeanette is a Legal Research Specialist at the Criminal Justice Innovation Lab.
According to a report by the North Carolina Division of Motor Vehicles, there were over 250,000 traffic crashes in 2021 (276,026, to be exact). Even when crashes involving fatalities and injuries are removed from that figure, the number of crashes involving only property damage still hovers at 200,000. A glance at past year figures and the five-year average reveals that the number of crashes involving only property damage has been over 175,000 for several years.
United States v. Texas and Discretion in Arrest and Prosecution
The Supreme Court just concluded its Term with blockbuster decisions on affirmative action, free speech, and student loan forgiveness. But criminal law practitioners should be aware of a less-ballyhooed case that is significant for its broad pronouncements about the discretion of police and prosecutors. The case is United States v. Texas. This post summarizes the decision and places it in context of the ongoing national debate about discretionary decisions concerning arrest and prosecution.
News Roundup
I am embarrassed to admit that I enjoy the movies in the Fast & Furious franchise. I like exotic cars, which the films have in abundance. And there is something virtuous about Dominic Toretto, the character played by Vin Diesel. A downside of the series is that the films, particularly the early ones, glorify the spectacularly dangerous and irresponsible sport of street racing. Paul Walker, a star of the early movies, died while driving a Porsche at high speeds through the streets of Los Angeles. WRAL reports here that a bill moving quickly through the General Assembly targets street racing and street takeovers in North Carolina. Language has been added to S91 that would criminalize “operat[ing] a motor vehicle in a street takeover” or otherwise participating in or facilitating such an event. Drivers would be guilty of a Class A1 misdemeanor for a first offense and a Class H felony for later crimes. Vehicle seizure would also be possible under the law. Keep reading for more news.
New Resource on Juvenile Delinquency Investigations
The investigation of offenses subject to juvenile jurisdiction requires an understanding of how the law regarding juvenile investigations varies from the law that governs criminal investigations. I am happy to share Juvenile Law Related to the Investigation of Delinquent Acts, a new Juvenile Law Bulletin that details laws unique to juvenile investigations. This blog provides some highlights from the search and seizure section of the Bulletin.
News Roundup
Jack Teixeira, the 21-year-old member of the Massachusetts Air National Guard who has been charged with leaking classified documents, pleaded not guilty Wednesday to six federal counts of willful retention and transmission of classified information relating to national defense. The classified Pentagon documents were discovered online in March, but prosecutors say that Teixeira had been sharing them on the internet since around January. Teixeira held a top-secret security clearance starting around July 2021 and was trained in the definition of classified information, classification levels and proper handling of such materials. If he is convicted on all six counts, he could face up to 60 years in prison and a fine of up to $1.5 million. Keep reading for more news.
Third Circuit Deems Federal Felon-in-Possession Law Unconstitutional
Earlier this month, the Third Circuit, sitting en banc, found the federal felon-in-possession statute unconstitutional as applied. The decision was based on the new interpretive approach announced in New York State Rifle & Pistol Association v. Bruen, 597 U.S. __, 142 S. Ct. 2111 (2022). The Third Circuit’s ruling is a massive decision that seems virtually certain to be reviewed by the Supreme Court. Keep reading for more details.
News Roundup
The indictment of former President Trump continues to dominate the news. Since Shea’s roundup last week noting the federal charges, the indictment was unsealed. It reveals that Trump faces 37 felonies. Most of the charges (31 counts) relate to Trump’s alleged improper storage and retention of national defense information. The indictment also charges conspiracy to obstruct justice, withholding and concealing documents from the grand jury and from investigators, and making false statements to investigators. The charging document is a so-called “speaking” indictment, laying out much more specific detail about the circumstances surrounding the charges than the more common bare-bones indictments describing only the commission of the elements of the offense. You can read the indictment here or here. Judge Aileen Cannon, who presided over earlier litigation regarding the search warrant at Mar-a-Lago, has been assigned to the case. The former President has pled not guilty. Read on for more criminal law news.