The right to appeal an order in a delinquency matter is established in G.S. 7B-2602 (Right to appeal) and G.S. 7B-2603 (Right to appeal transfer decision). These statutes do not identify every order that is entered in a delinquency action. Instead, there is a right to appeal after entry of specified final orders and any order transferring jurisdiction to superior court for trial as an adult. This post explains when there is a statutory right to appeal an order in a delinquency matter, who has the right to appeal, and restrictions on juvenile court jurisdiction while an appeal is pending.
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News Roundup
Nationally, the biggest criminal law story this week was the sentencing of James and Jennifer Crumbley. They’re the parents of Ethan Crumbley, who was a student at Oxford High School in Michigan in 2021 when he murdered four classmates and injured seven other people in a mass shooting. James and Jennifer Crumbley were each convicted, in separate trials, of four counts of involuntary manslaughter as a result of their son’s acts. The prosecution contended that they ignored a host of warning signs about Ethan’s mental state and ultimately enabled the shooting by purchasing him a handgun. This week, they were sentenced at a joint sentencing hearing to 10 to 15 years in prison. The Associated Press has the story here. Read on for more news.
News Roundup
Reuters reports that threats against federal judges have substantially increased over the last several years. Threats deemed “serious” by the U.S. Marshals Service rose from 179 incidents in 2019 to more than 450 in 2023. A majority of these threats seem to be motivated by politics and are coming from people without a direct connection to any litigation before the judges. The phenomenon is not unique to federal court judges. A 2022 survey by the National Judicial College of primarily state-court judges revealed that almost 90% of the 398 judges polled expressed concerns for their physical safety. A “true threat” is punishable under state and federal law under any number of different statutes, but many disturbing or offensive comments are protected speech under the First Amendment, as my former colleague Jonathan Holbrook discussed here. Read on for more criminal law news.
North Carolina 2024 Public Defender Expansion
In 2023, the North Carolina General Assembly approved funding to create eight new public defender districts. The eight new districts will cover twenty-two counties. Once they are in place, sixty of North Carolina’s 100 counties will be served by a public defender. Seven of the new districts were fully funded starting January 1, 2024; for the eighth, full funding is effective July 1, 2024. Because new public defender offices need time to hire and train staff, they will not start taking cases right away.
Are Prosecutors Entitled to Immunity When Advising Law Enforcement Officers?
Law enforcement officers frequently call on prosecutors for advice. Prosecutors generally see responding to such requests as part of their duties, as the North Carolina Constitution directs that District Attorneys “advise the officers of justice” in their districts. N.C. Const., Art. IV, § 18. But are prosecutors protected by absolute prosecutorial immunity when they give such advice? Or something less? Read on to find out.
GiveUNC Is Today
Today is GiveUNC. According to the GiveUNC website, this is “a day when alumni, friends, faculty [and staff] and other Carolina supporters come together to support the causes they care about most.” We hope that the School of Government provides value to you. The School is unique in our focus on providing training, consulting, and … Read more
Surveillance Video- When It Comes In and When It Doesn’t
Video evidence authentication has received a fair amount of treatment on this blog. The topic remains an area of practical significance given the prevalence of video evidence in criminal trials and how common it is for the prosecution’s case to hinge on the admission of video. We are increasingly a video-focused society. Between home security cam, doorbell cam, body-worn cam, in-car cam, pole cam, and even parking lot cam, juries increasingly expect to see video, whether the incident in question occurred outside a home, near a business, or on the roadside.
In this post, I will focus on surveillance video.
News Roundup
On Monday, the Louisiana Senate unanimously passed a bill that would make it a crime to knowingly import, transport, buy, sell, manufacture, or possess a child sex doll. According to proponents of the bill, the dolls resemble children 12 and younger and are used for sexual gratification (for all the Law & Order: SVU fans, this issue was illustrated in an episode of the current season). Depending on the circumstances, intent, and whether or not the doll is imported, a conviction could result in up to two years imprisonment and a fine of up to $20,000. A number of other states have passed laws outlawing child sex dolls since 2019, including Arizona, Florida, Hawaii, South Dakota, and Tennessee.
Immigration Consequences of DV Offenses: Stalking and Violation of DVPOs
Last week, in the first part of this two-part series, I talked about the “crime of domestic violence” ground of deportability for noncitizens and what role convictions of North Carolina offenses play in triggering that ground. This post covers immigration consequences of the “stalking” and “violation of protection orders” grounds of deportability.