Latest posts in category Uncategorized on North Carolina Criminal Law Blog

I am excited to share the latest annual report from the North Carolina Judicial College. Spoiler alert: In fiscal year 2023-2024, we offered more courses (51!) to more participants (more […]

The current law that governs a juvenile’s capacity to proceed in a delinquency matter matches part of the criminal law that governs a defendant’s capacity to proceed. The Juvenile Code expressly incorporates G.S. 15A‑1001, ‑1002, and ‑1003—the criminal provisions that establish a capacity standard and establish procedure to raise and determine capacity to proceed. G.S. 7B-2401. The criminal provisions that address safeguarding the defendant to return for trial should the defendant subsequently become capable of proceeding and return of the defendant for trial upon gaining capacity are notably absent from the Juvenile Code.

Beginning with offenses committed on January 1, 2025, the Juvenile Code will contain new laws, different from the criminal law, that establish a juvenile capacity standard, establish procedures to raise and determine capacity, and create new procedures for remediation of incapacity. This blog summarizes the new juvenile capacity standard and outlines the procedure to raise and determine capacity under the new law. More information on criminal procedure related to capacity to proceed can be found at https://benchbook.sog.unc.edu/criminal/capacity-proceed.

Regular readers know that I am interested in the criminal prosecution of Sam Bankman-Fried, who is currently serving 25 years in federal prison for fraudulent activity related to his operation of failed cryptocurrency exchange FTX. I reviewed Michael Lewis’s book about Bankman-Fried and have posted several times about the case. There are now several new developments to report. First, Bankman-Fried has appealed. Reuters reports here that his principal claim is that the trial judge erred by excluding evidence that FTX actually had – at all relevant times – sufficient assets to cover all customer deposits. (The bankruptcy trustee has, in fact, recovered more assets than necessary to pay all creditors, including customers, in full.) Second, Lewis has posted this “personal verdict” about the case, which assuredly will not change the opinions of those who see Lewis as an apologist for Bankman-Fried. Third, Caroline Ellison, Bankman-Fried’s business partner and sometime girlfriend turned prosecution witness, is soon to be sentenced herself. Her presentence report says that under the United States Sentencing Guidelines, her guideline sentence is life without parole. Remarkably, the report recommends probation based on her cooperation. Sentencing Law and Policy has more here, including some interesting details about what Ellison is doing to stay busy while awaiting her (next) day in court. Keep reading for more news.

It’s Friday the 13th, and a corpse was found in a Raleigh Food Lion freezer earlier this week, according to a story from the N&O. Chillingly, the incident “is not the first time a body has been found in a workplace freezer.” The investigation continues. Read on for more criminal law news.

The most significant criminal law story this week was the mass shooting at Apalachee High School in Barrow County, Georgia. Tragically, two teachers and two students were killed, and at least nine others were wounded. The people injured are expected to live. The suspect, a 14-year-old student at the school, is in custody facing murder charges. The AP reports that the juvenile was previously interviewed by law enforcement in connection with alleged online threats of a school shooting over a year ago. The juvenile’s father has also been charged with second-degree murder and involuntary manslaughter in connection with the shootings. The story notes that this is the 30th mass killing in the United States in 2024. Read on for more of the latest criminal law news.

In national news, prosecutors filed a superseding indictment in the federal criminal case against Donald Trump after the Supreme Court granted former presidents substantial immunity. Court papers say the new indictment “reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions.” Last month, the Supreme Court ruled that former presidents have absolute immunity from prosecution for official acts that fall within their “exclusive sphere of constitutional authority” and are presumptively entitled to immunity for all official acts. But that wasn’t the end of the story – on the election subversion charges, the Court sent the case back to U.S. District Judge Tanya Chutkan to “carefully analyze” whether the allegations involve “official conduct” for which the former president would be immune from prosecution. It appears after weeks of consulting with other officials in the Justice Department, special counsel Jack Smith sees a way to proceed in the case, consistent with the Supreme Court’s ruling. Read on for more criminal law news.

Session Law 2024-17 contains several changes to delinquency law and new penalties for soliciting a minor to commit an offense. I covered the changes related to juvenile jurisdiction and the transfer process in last month’s blog. This blog explains the remaining changes. They include modifications to the timelines for secure custody hearings and for a victim or a complainant to request prosecutor review of a decision not to file a petition, school notification of the filing of a felony delinquency petition, restitution as a dispositional alternative, and the crime of soliciting a minor to commit an offense. These changes will take effect beginning with offenses committed on or after December 1, 2024.

Verizon Wireless is facing a lawsuit after a man claiming to be a detective with the Cary Police Department was arrested for stalking. Last year, Robert Glauner, who is a resident of New Mexico, sent Verizon Wireless a fake search warrant demanding phone records from a Cary woman. He falsely claimed that the woman was a homicide suspect, but it was later revealed that she was someone he was stalking after connecting with her online.

Local news became national news this week when a man serving life imprisonment for the murder of a one-year-old child on Christmas escaped from custody. According to the AP, 30-year-old Ramone Alston was able to free himself from leg restraints and run into the woods as his van arrived at a UNC hospital in Hillsborough, NC. Mr. Alston was scheduled for a medical appointment. After the state offered a $25,000 reward for tips leading to his apprehension, and the U.S. Marshals added an additional $10,000 incentive, authorities received a torrent of phone calls. Orange County Sheriff Charles Blackwood stated he has known Mr. Alston since Mr. Alston’s birth. After a three-day search for Mr. Alston involving 19 law enforcement agencies, Mr. Alston was apprehended at a Comfort Inn in Kannapolis.

Read on for more criminal law news.

Last week, the Department of Defense announced that 9/11 mastermind Khalid Shaikh Mohammad and two co-defendants had reached plea deals. Generally, the defendants would plead guilty to various charges before the military tribunal at Guantanamo Bay and accept life in prison, and in exchange would be spared the death penalty. Then the Department of Defense announced that the deals are off. Secretary of Defense Lloyd Austin issued a memo revoking the deals and reserving to himself the authority to enter into plea agreements. Some families of 9/11 victims have cheered Austin’s decision while others support the deals. The defendants assert that a deal’s a deal and that Austin can’t nix them. Litigation is sure to ensue, further extending cases that have lasted more than two decades already. Keep reading for more news.