The Marshall Project published an article last week describing the “paradox of ‘felony murder’ laws,” which allow defendants to be convicted of murder “if a death occurs because of a felony they commit, even if they were not the direct killer.” While much of the article focused on this aspect of felony-murder, it also mentioned that, in some states, driving while impaired by a repeat offender that results in the death of someone other than the driver can support charges of felony murder. That’s not so in North Carolina.
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News Roundup
There was a steady stream of news about capital punishment this week. The Pope addressed a special joint session of Congress this week, and among many other things, asked the legislature to abolish the death penalty. The full text of the speech is here. Justice Scalia, one of the Supreme Court’s six Catholics, reportedly stated this week that he “wouldn’t be surprised” if the Court bans the penalty in the future, though he personally believes it to be constitutional. Meanwhile, State Rep. Jon Hardister, a Republican from Greensboro, indicated that he believes the death penalty should be eliminated because he doesn’t “trust the government to do it right” and stated that he is starting “conversation[s]” with other Republican legislators on the issue. Finally, Reuters published this long report, the key finding of which is that “[a] review of 2,102 state supreme court rulings on death penalty appeals . . . over the past 15 years found a strong correlation between the results in those cases and the way each state chooses its justices. In the 15 states where high court judges are directly elected, justices rejected the death sentence in 11 percent of appeals, less than half the 26 percent reversal rate in the seven states where justices are appointed.”
Safekeeping
What can a jail do when an inmate becomes unmanageably dangerous, or unmanageably vulnerable, or unmanageably sick? Or what about when so many people are arrested at once that the jail cannot house them all? In those situations, the jail may seek to have the inmate transferred to the state prison system through a safekeeping order.
SCOTUS to Hear Argument in October about Miller Retroactivity
On October 13, 2015, the U.S. Supreme Court will hear oral argument in Montgomery v. Louisiana, a case that presents the question whether Miller v. Alabama, 567 U.S. ___, 132 S. Ct. 2455 (2012), applies retroactively to convictions that became final before Miller was decided. In Miller the Court held that under the Eighth Amendment a sentencing scheme that mandates life without parole for defendants less than 18 years old at the time of their crimes is unconstitutional. Miller did not categorically ban a life without parole sentence for juvenile offenders; rather it mandated that the sentencer must consider an offender’s youth and attendant characteristics before imposing such a penalty. Miller applies to all cases that were pending when it was decided as well as to all future cases. Griffith v. Kentucky, 479 U.S. 314 (1987). The question of retroactivity is whether the Miller rule applies to cases that became final before the decision was issued. As I noted in a blog post here, the lower courts are divided on the issue. The Court’s decision in Montgomery might finally resolve it.
State v. Perry, Cell Site Location Information, and the Exclusionary Rule
Last week, the court of appeals decided State v. Perry. It’s the appellate division’s first foray into cell site location information and a case that raises questions about the status of the exclusionary rule in North Carolina.
News Roundup
For the second time in two weeks, I’ll start with a heartwarming, positive story about a police officer. In 2014, Raleigh Officer J.D. Boyd broke up an altercation involving a man named Cory Sanders. Sanders confronted Officer Boyd and swung at him with a knife; Boyd drew his pistol on Sanders. Sanders eventually surrendered and was charged with assault. This week, Boyd encountered Sanders again. Sanders apologized for his behavior and told Boyd that he was now working at a good job and was staying out of trouble. On social media, Boyd posted pictures of Sanders and himself and wrote “I was glad it ended well for us both that day, and I am ecstatic now to learn that he has turned his life around and we can embrace as friends.” A number of media outlets have the story, including WRAL here.
Extending Probation After Expiration
If a judge extends a defendant’s probation after probation has already expired, when does the extension begin?
Updated Traffic Stops Paper Now Available
I’ve updated my paper on traffic stops to include Rodriguez v. United States, __ U.S. __, 135 S. Ct. 1609 (2015), and other recent cases. It’s available here. For those not familiar with the paper, it is a summary of the law regarding traffic stops, including typical reasons for such stops, the stops’ duration, the techniques … Read more
Restoring State Firearm Rights as a Condition for Restoring Federal Firearm Rights
In 2010, the North Carolina General Assembly enacted G.S. 14-415.4, which allows a person convicted of a nonviolent felony to regain his or her firearm rights if he or she meets the statutory criteria for restoration (including, among other things, waiting twenty years after completing his or her sentence). The law took effect February 1, 2011, meaning that a person who meets the statutory criteria is eligible to utilize the restoration procedure whether his or her offense or conviction occurred before or after February 1, 2011. See S.L. 2010-108 (H 1260), as amended by S.L. 2011-2 (H 18) (clarifying effective date). A restoration order has the effect of lifting the state law ban, in G.S. 14-415.1, on possession of a firearm by a felon. See G.S. 14-415.4(a), (b). It also removes the ban on issuance of a handgun permit, G.S. 14-404(c)(1), and a concealed handgun permit. G.S. 14-415.12(b)(3).
News Roundup
The old media motto is “if it bleeds, it leads.” But today, I’m leading with a good news story of danger averted. Dan Hicks, a Raleigh PD officer, talked a man off the edge of a freeway overpass Wednesday night and gave him a hug. Officer Hicks explained to WRAL that the man in question “got a big old Dan Hicks bear hug, whether he wanted it or not. . . . [H]e was not going to be given the opportunity to go over that bridge again. He got to stand there with me for a second and get that hug. Call it tactical, call it compassionate, I think it was probably both.” Well done, Officer Hicks.