The United States Supreme Court just decided a capital case about intellectual disability, formerly known as mental retardation. In some ways, it’s an “error correction” case that doesn’t break new doctrinal ground. But it stands out for two reasons. First, it may be indicative of the current Court’s attitude towards the death penalty. And second, Justice Thomas wrote a dissenting opinion focused in large part on former professional football player Warrick Dunn.
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Proper Place of Confinement for a Probation Revocation
Last year I posted a chart summarizing the proper place of confinement (jail, prison, or Statewide Misdemeanant Confinement Program) for various types of imprisonment. The chart covers active sentences, split sentences, CRVs, quick dips, and incarceration for nonpayment of a fine. One thing it does not explicitly cover, though, is the proper place of confinement for a sentence activated upon revocation of probation. In response to a flurry of questions, I’ll take that issue up today.
Cyberbullying Law Upheld Over First Amendment Challenge
The court of appeals just upheld North Carolina’s cyberbullying statute over a First Amendment challenge. The result is especially noteworthy because it contrasts with a ruling last year in a similar case in New York. But the opinion does leave at least one important issue open.
News Roundup
For the last day or so, the headlines have been dominated by the multiple murder at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina. Law enforcement arrested Dylan Roof, 21, in Shelby, North Carolina. Roof is white, while the nine victims were black. Race appears to have been part of Roof’s motive. WRAL has the story here.
Which Sex Offenders Can’t Go Certain Places
The premises restrictions of G.S. 14-208.18 have been in the news again lately. Here in Chapel Hill, a registered sex offender charged with being unlawfully on the premises of the public library had the charge dismissed on constitutional grounds. Meanwhile, the Graham County Sheriff made national headlines went he sent a letter to every registrant in the county prohibiting them, under the 300-foot rule, from going to church. The constitutional issues raised by these scenarios are interesting, but my first reaction in both cases was this: That law doesn’t apply to all registered sex offenders!
Holding Jurors in Contempt for Cell Phone Use
Courts around the country have struggled to address inappropriate cell phone usage by jurors. Some judges have used their contempt powers to deal with the issue. In Oregon, a judge held a juror in contempt for texting during a trial, and the juror spent a night in jail as a result. In Florida, a judge cited a juror for contempt for using Facebook during trial. And now, the issue has cropped up here in North Carolina. Last week, Superior Court Judge Milton “Toby” Fitch held a juror in a civil case in contempt for using his cell phone to take notes about the trial, and sentenced the juror to 30 days in jail. The Wilson Times has the story here. The News and Observer has an AP story with some additional details here.
News Roundup
The front page of my local newspaper today featured a story about the General Assembly’s vote to override the Governor’s veto of the legislation allowing magistrates to opt out of marriages. Attracting less attention in the public at large, but important to the readers of this blog, was the Governor’s signature of a bill changing the way that state supreme court justices are elected.
Surprise Post-Release Supervision
I get a lot of mail from inmates. Lately, many of them have written to express their surprise upon being told by prison officials—for the first time—that they will have to complete a term of post-release supervision when they get out of prison. Sex offenders—especially Class F–I sex offenders, including those convicted of indecent liberties—are very surprised to learn that they will be on PRS for five years. Is it a problem that nobody mentioned PRS earlier?
Computer Technicians’ Duty to Report Child Pornography
Last week, I blogged about the application of the private search doctrine in child pornography cases. I noted that one recent case began when a computer repair technician contacted police to report child pornography on a computer he was repairing. A story about the case stated that “North Carolina law requires computer technicians to report any such images found during the course of their work to local law enforcement or the National Center for Missing and Exploited Children.” I didn’t know that, so I did some research.