Latest posts in category Uncategorized on North Carolina Criminal Law Blog

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.

We recently added 2022 and 2023 Automated Criminal Infractions System (ACIS) court records data to our Measuring Justice Dashboard. We also just released a new Dashboard metric showing how North […]

An Inconvenient Cop is a book authored by long-time NYPD officer and whistleblower Edwin Raymond along with professional writer Jon Sternfeld. Raymond served fifteen years in the New York Police Department. He rose to the rank of lieutenant, but his time with the NYPD was contentious. The book is a memoir that tells the story of Raymond’s career and offers his perspective on policing and police reform.

Stops are down but traffic fatalities are up. According to this article from The New York Times, local law enforcement data collected from cities across the county reflects a decline in the number of traffic stops police are making since before the pandemic. Data from the 30 largest U.S. cities reveals a rise in road deaths over the same time span. The writers suggest that the correlation indicates police have responded to the pandemic and the recent police reform movement by declining to confront reckless drivers. Recent deaths on North Carolina roads reflect this trend. The Gaston Gazette reports that Herman “Dennis” Kiser, 68, was killed last Saturday when a tow truck attempted to pass his tractor on a rural road. Scottie Brooks, the driver of the tow truck, has been charged with misdemeanor death by vehicle. The Charlotte Observer reports that a street race between teenage drivers on Sunday morning resulted in the death of Robert Birch, 81, who was making a U-turn. Both teenagers have been charged as adults with felony hit-and-run, street racing, and no operator’s license. Read on for more criminal law news.

North Carolina will soon have a new law, effective October 1, 2024, that prohibits local governments, state agencies, the judicial branch, and the legislative branch from allowing pornography to be viewed on their networks or devices. The law, found at Section 7 of S.L. 2024-26, establishes a deadline for government employees and officials to delete any pornography from their government devices, creates reporting requirements for unauthorized viewing or attempted viewing of pornography, and requires public agencies (including units of local government and public school units) and the judicial and legislative branches to adopt policies governing the use of their networks and devices. It also contains some important exceptions for employees and officials who might need to view pornography (as that term is defined by this new law) as part of their official duties.

 The lead criminal law story this week relates to the Illinois deputy charged in connection with the fatal shooting of Sonya Massey in her Springfield, Illinois home on July 6. After the 36-year-old woman called 911 to report a suspicious person nearby, local deputies responded. Once deputies were inside the home, Massey reportedly acted strangely and seemed confused. At one point, she moved a pot of boiling water from the stove to the sink, prompting the officers to back away from her. Massey asked the officers where they were going, and one stated that they were moving away from the water. Massey replied with a religious rebuke. Deputy Grayson responded to this by drawing his pistol, pointing it at her, and threatening to shoot her. The woman apologized, put her hands up, and ducked, but Grayson quickly fired his weapon multiple times, hitting Massey in the head and killing her. When another deputy suggested getting a medical kit to help, Grayson advised that medical assistance was futile. The full incident was captured on body camera. Grayson has been charged with first-degree murder (and other charges) and was fired from the department. Another story reports that Grayson worked for six different law enforcement agencies over the last four years. Read on for more criminal law news.

I am pleased to announce that Belal Elrahal joined our faculty earlier this month. Belal is working in the field of criminal law and procedure and will specialize in impaired […]

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during June 2024. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.

Session Law 2024-17 enacts changes to the law regarding the scope of original juvenile jurisdiction beginning with offenses committed on or after December 1, 2024. Law changes regarding the existing process to transfer a case from juvenile to superior court will also take effect at that time. Read on for a description of the changes.