Prosecutors have wide discretion to decide how to charge defendants. In exercising that discretion, a prosecutor certainly may consider the sentence associated with each possible charge, and may choose to pursue the charge or charges that is most likely to result in the outcome that the prosecutor sees as just. But the criminal sentence may not be the only outcome of a criminal case. A variety of collateral consequences may be imposed by law, such a change in immigration status, a requirement to register as a sex offender, or loss of professional licensure. Other consequences may also follow certain convictions, such as loss of employment or housing. May prosecutors consider collateral consequences when making charging decisions and when evaluating possible plea bargains? Should they do so? Must they?
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News Roundup
There was tragic news from Bertie Correctional Institution this week where Sergeant Meggan Lee Callahan died Wednesday evening after being attacked by an inmate. Craig Wissink, who is serving a life sentence for murder, is suspected of killing Callahan, according to this report from the Charlotte Observer. State facilities have been directed to fly North Carolina flags at half-staff until sunset today in tribute to Callahan.
“Time Served” on Another State’s Sex Offender Registry
North Carolina requires certain people to register as sex offenders in North Carolina for crimes committed in other states. But what if a person has completed his or her term of registration in another state before moving here? Can North Carolina require the person to register again?
May an Officer Run a Motorist’s Criminal Record During a Traffic Stop?
An officer who stops a motorist for a traffic infraction may run a computer check on the driver’s license and may check for outstanding warrants. The results of these checks may determine how the officer proceeds. For example, if a check reveals that the driver’s license is revoked, the officer may charge the driver with DWLR and may direct the driver that he or she cannot drive the vehicle away from the location of the stop.
May an officer also check a motorist’s criminal record? Such historical information is less likely to dictate the officer’s course of action. But knowing whether a motorist has a record of violent crimes may help an officer determine how cautious he or she must be while completing the stop. This post discusses whether an officer may take time to run a motorist’s criminal record, and summarizes two recent cases on point.
Hot Pursuit of a Suspect Within and Outside North Carolina
This post reviews what is commonly known as “hot pursuit” of a suspect to make an arrest outside an officer’s territorial jurisdiction. Note, however, that the actual term in G.S. 15A-402(d) is the “immediate and continuous flight” by a suspect from an officer’s territory. Also, although the statute is specifically confined to an officer’s arrest authority, court cases include other law enforcement actions such as investigative stops and searches.
News Roundup
A shocking murder transfixed the nation this week and led to a multi-state manhunt that ended Tuesday with the perpetrator’s suicide. In Cleveland on Sunday, Steve W. Stephens posted a video to Facebook where he shoots and kills Robert Godwin Sr., a stranger to Stephens seemingly targeted at random. The News Hour has an overview of the story here. After a two-day manhunt, a McDonalds employee in Pennsylvania recognized Stephens and called police. Following a brief chase ended by a PIT maneuver, Stephens killed himself. Keep reading for more news.
Jail Credit Applied to Split Sentences
When imposing a split sentence, the court has a choice to make about what to do with whatever pretrial jail credit the defendant might have in the case. Apply it to the split? Or apply it to the defendant’s suspended sentence? Today’s post discusses a few issues associated with that choice.
Walker, Jacobs, and the Importance of Preserving the Record
Two weeks ago, the SOG hosted over 50 public defenders, contract attorneys, and private assigned counsel at its annual Felony Defender training. The training provides guidance to lawyers transitioning to superior court about handling a felony case from start to finish. Topics include discovery and investigation, pretrial motions, voir dire, and jury instructions, among others. On a personal note, it was my first training in my role as Defender Educator and my first behind-the-scenes look at the effort required to plan and execute a successful course. Without the hard work of the faculty and support staff from the SOG, as well as volunteers from IDS and the private bar, the program would not have been possible. Thanks to everyone that participated. I truly enjoyed the training, especially speaking with the lawyers that attended, and I hope they found it worthwhile as well.
Insanity, Clinical Standards, and Expert Testimony
In Moore v. Texas, which I discussed here, the Supreme Court of the United States held that courts must rely on current clinical standards when determining whether a defendant is intellectually disabled and so exempt from the death penalty. Must courts also defer to clinical standards when determining whether a defendant is insane and so exempt from criminal culpability? I don’t think so, for the reasons below.
News Roundup
The News & Observer reports that the General Assembly has passed a bill that reduces the number of judges on the North Carolina Court of Appeals from fifteen to twelve. The bill is controversial – supporters say that fewer judges are needed because the workload of the Court of Appeals has declined over the past decade while opponents say that the intent of the bill is to limit Governor Roy Cooper’s ability to replace judges who are approaching mandatory retirement. The legislation is House Bill 239, which Jeff mentioned a few weeks ago in a post about the court’s caseload.
This is the last post of the week as the SOG is closed tomorrow for a holiday, keep reading for more news.