Multiple news outlets, including the Washington Post and New York Times reported yesterday that former President Donald Trump has been federally indicted in connection with the discovery of classified documents in his Mar-a-Lago home after he left the White House. The charges have been called a “seismic event” that puts the nation in an “extraordinary position” since not only is Trump the first former president to ever be federally charged, but he also is the front-runner for the 2024 Republican presidential nomination. The latest charges add to the former president’s legal woes as he was indicted in March in New York state court in connection with allegations that he paid hush-money to adult film star Stormy Daniels days before the 2016 presidential election. As big as this news is, it is just one of the many criminal law headlines from the past week.
Uncategorized
Does an Officer Who Receives a Giglio Letter Have a Right to a Name Clearing Hearing?
In my most recent post, I noted that a law enforcement officer who is fired will sometimes have a right to a “name clearing hearing” at which the officer may supply evidence contradicting negative information about the officer’s honesty or integrity that the agency released in connection with the officer’s termination. I ended that post by asking whether an officer who is fired in connection with a Giglio letter is entitled to such a hearing. Under most circumstances, the answer to that question is no. Keep reading for more details.
News Roundup
The General Assembly is working hard to fashion a budget for the upcoming biennium, but in the meantime, legislators are conducting other business. Of interest to this audience, H347, a bill that would legalize gambling on sports, appears to be very close to becoming law. Both chambers have passed the bill, but in slightly different versions that will need to be reconciled before final passage. Meanwhile, S3, a bill that would legalize medical marijuana, has passed the Senate and is working its way through House committees. Its fate in the House is uncertain but that is more than could be said in prior years, when similar measures have passed the Senate but have not received meaningful consideration in the House. Keep reading for more news.
Recent Batson Rulings from the North Carolina Supreme Court
Last April, the North Carolina Supreme Court decided two significant cases involving claims that prosecutors impermissibly exercised peremptory challenges against prospective black jurors based on their race: State v. Hobbs, ___ N.C. ___, 884 S.E.2d 639 (2023) (Hobbs II), and State v. Campbell, ___ N.C. ___884 S.E.2d 674 (2023). This post reviews the framework for the review undertaken by the trial courts in those cases and the state supreme court’s opinions.
News Roundup
There have been some bumps in the road in the rollout of eCourts, the new electronic platform the court system is using in a handful of pilot counties for filing and case management. Now WRAL reports that a class action lawsuit has been filed alleging that the system “is keeping people in jail longer than they should be, and led to hundreds of people being arrested for things they did not do.” For example, the plaintiffs contend that “a Wake County woman was arrested multiple times on the same warrant for charges that were dismissed by a judge.” The Administrative Office of the Courts is not a named defendant but stated in the article that it has “not substantiated that any allegations of wrongful arrest or incarceration was caused” by the new system. Keep reading for more news.
When a Law Enforcement Officer Is Fired, Is He or She Entitled to a Name Clearing Hearing?
Many, perhaps most, law enforcement officers in North Carolina are at will employees. As the saying goes, they may be fired for any reason or for no reason. But when such an officer is fired for malfeasance, and that reason is made public such that potential future employers may be aware of it, the officer may be entitled to a “name clearing hearing” at which he or she can dispute the basis for the termination.
School Threat Assessment
The current news seems to be full of reports of threats against schools. A search of the WRAL website for stories on school threats reveals at least five discrete stories on threats against North Carolina schools in May alone. How can schools and law enforcement be prepared to respond to, and perhaps even prevent, threats against student safety? The National Threat Assessment Center of the United States Secret Service (NTAC) has been researching that topic for over 20 years. The results are consistent. Schools that have an effective threat assessment structure in place, casting a wide net to effectively identify youth along a continuum of need and offering a range of responses, are best positioned to address threats and prevent school violence.
News Roundup
A Wake County couple was arrested last week on animal cruelty charges for poisoning three dogs belonging to a neighbor. Ironically, the husband was a donor and board member of a local dog rescue. The rescue group has since announced on Facebook that he has voluntarily resigned. Keep reading for more news.
Open Carry and Reasonable Suspicion
A decade ago, I wrote a post about the circumstances under which police may stop a person who is carrying a gun openly. A lot has changed since then. The Supreme Court has strengthened the Second Amendment in New York State Rifle & Pistol Association v. Bruen, 597 U.S. __ (2022). The General Assembly has eliminated the requirement that North Carolina residents obtain a permit before buying a handgun. See S.L. 2023-8. And empirical scholarship suggests that many more Americans are carrying guns on a daily basis. See Ali Awhani-Robar et al., Trend in Loaded Handgun Carrying Among Adult Handgun Owners in the United States, 2015-2019, Am. J. Pub. Health (2022) (finding that in 2019, “approximately 6 million [gun owners carried] daily,” which was “twice the 3 million who did so in 2015”). So it is a good time to revisit the question.
News Roundup
In U.S. Supreme Court news, the Court recently stayed the execution of Richard Glossip. Mr. Glossip has spent 26 years on death row in Oklahoma. This was his ninth scheduled execution date. The state Attorney General agreed with Mr. Glossip that a stay was appropriate, categorizing the sentence as a “grave injustice” amid questions about the integrity of the conviction. The stay was obtained from the Court after the state parole board declined to recommend clemency and other state remedies were exhausted. Read on for more criminal law news.