Uncategorized Archives – Page 19 of 298 – North Carolina Criminal Law

Updated Model Local Bail Policy

December 6, 2022 Jessica Smith

The North Carolina General Statutes require the senior resident superior court judge to issue a local bail policy, in consultation with the chief district court judge or judges. G.S. 15A-535(a). At the Criminal Justice Innovation Lab, we’ve had a lot of requests for help updating these policies. And we understand why. Doing this work is … Read more

Circuit Split! New Opinion Upholds Warrantless Tire Chalking

December 5, 2022 Jeff Welty

Shea posted here about a 2019 opinion from the Sixth Circuit holding that chalking tires for purposes of parking enforcement was a Fourth Amendment search and rejecting at least some of the proposed legal justifications for the practice. That case led to some further proceedings and eventually to a new opinion, Taylor v. City of Saginaw, Michigan, 11 F.4th 483 (6^th Cir. 2021), holding that the suspicionless chalking of tires (1) is a search, (2) is not justified as a community caretaking function, and (3) is not justified as an administrative search. The Taylor court ruled that the law was not previously clearly established, so the parking officer whose conduct was at issue was entitled to qualified immunity. But going forward, warrantless tire chalking is a no-no in the Sixth Circuit. Now another circuit has weighed in with a different perspective.

News Roundup

December 2, 2022 Jeff Welty

Yale Law School graduate and Oath Keepers founder Stuart Rhodes was convicted this week of seditious conspiracy for his role in the January 6 storming of the United States Capitol. Reuters reports here that one of Rhodes’s codefendants was convicted of the same charge, while others were acquitted of that offense but convicted of obstructing an official proceeding. Both crimes carry statutory maximum penalties of up to 20 years in prison, but it remains to be seen what punishment the federal sentencing guidelines will recommend. Trials against additional Oath Keepers and Proud Boys are scheduled to begin soon. Keep reading for more news.

Welcome, Joe Hyde!

November 30, 2022 Jeff Welty

I am pleased to announce that Joe Hyde has joined our faculty. He will be working in the area of criminal law, especially as it relates to prosecutors. We hope he will post on this blog and expect that he will take the lead on maintaining NCPRO, our online resource for prosecutors. Joe will also … Read more

What Do We Know About Violent Crime Trends in North Carolina?

March 10, 2023November 28, 2022 Alexander Cowell

Crime statistics are compelling reading. When federal agencies release new estimates of the national crime rate, the news media pounce. The crime rate, its causes, and how to address crime are being hotly debated. Violent crime in particular prompts concern about public safety and the appropriate policy response.

So, what do the data tell us about trends in violent crime in North Carolina?

Where the data come from and what they can and can’t tell us about crime

There are three main sources of crime data in North Carolina: police data, court data, and victim surveys (Figure 1).

This post focuses on the first two data sets: police and court data. Although the victim survey data (from the annual National Crime Victimization Survey) provide estimates for both the nation and North Carolina, they are challenging to use and an in-depth discussion requires more than a single blog post.

Assessments in Delinquency Cases: When Can They be Done and Are They Confidential?

November 22, 2022 Jacquelyn Greene

One of the unique features of the juvenile justice system is its statutory focus on identifying the needs of juveniles and resolving matters to provide “appropriate rehabilitative services to juveniles.” G.S. 7B-1500(2)b. In addition to protecting public safety, dispositions should include “an appropriate plan to meet the needs of the juvenile.” G.S. 7B-2500. The caselaw and statutes that govern one form of assessment in delinquency cases—the comprehensive clinical assessment (CCA)—have undergone rapid change in the last few years. Other assessments, such as assessment for problematic sexual behavior or trauma-focused assessments, may also be needed in certain cases. Questions abound regarding when assessments can occur and what confidentiality law applies to them. This new infographic provides a high-level overview of the law that addresses these questions.

News Roundup

November 18, 2022 Jeff Welty

As I write this, Theranos founder Elizabeth Holmes is in federal court in San Francisco for sentencing. She was convicted of defrauding investors and owes restitution of more than $100 million. She could potentially be sentenced to up to 20 years in prison, and given the loss amount, federal prosecutors have asked for a 15-year sentence. Holmes is asking for house arrest, and has submitted letters from Senator Corey Booker and over 100 other people in support of her compassion and character. Plus one of the letters says that she’s pregnant, and another says that her dog was “carried away by a mountain lion” from her front porch. The Verge has some highlights and a link to her sentencing memorandum here. Keep reading for more news.

Quick Post-Bruen Update on the Constitutionality of Gun Laws

November 14, 2022 Jeff Welty

Earlier this year, the Supreme Court decided New York State Rifle & Pistol Association v. Bruen, 597 U.S. __, 142 S. Ct. 2111 (2022), holding that New York could not constitutionally require residents to show a special need (beyond the general concerns about self-defense that any person might have) in order to obtain a permit to carry a handgun outside the home. I wrote a detailed summary of the case in this prior post. North Carolina doesn’t require any such showing, so the direct impact on our state was minimal.

However, Bruen’s holding arose from a new interpretive approach. The Court rejected the intermediate scrutiny test most lower tribunals had used when analyzing gun laws and replaced it with a historical analysis in which a limit on gun rights is constitutional only if it is “consistent with the Nation’s historical tradition of firearm regulation.” Lower courts have now begun to apply this framework to assess the constitutionality of various gun laws. The early returns suggest that Bruen’s impact may be substantial across a wide range of federal and state gun laws.

News Roundup

November 11, 2022November 11, 2022 Jeff Welty

The election this week had some notable results. Republicans swept the races for appellate judgeships, shifting the state supreme court from majority Democrat to majority Republican. In Columbus County, Jody Greene was elected sheriff just weeks after resigning the same office. He resigned after District Attorney Jon David filed a petition seeking to remove him based in part on racially-charged comments he made during a recorded phone call. This local story indicates that District Attorney David is planning to file a new removal petition against Sheriff-elect Greene. A similar pattern nearly played out in Franklin County, where former clerk of court Patricia Chastain, who had been removed from office by a superior court judge, narrowly lost her bid to be elected back to the same position. This pre-election story has the details. Keep reading for more news.

Must a Vehicle Be Located in a PVA to Be Searched Without a Warrant?

November 7, 2022 Jeff Welty

In State v. Parker, __ N.C. App. __, __ S.E.2d __, 2022 WL 4850255 (Oct. 4, 2022), the Court of Appeals considered the warrantless search of a vehicle that took place at a gas station. The court upheld the legality of the search based on probable cause that the vehicle contained evidence of drug activity. In the course of its opinion, the court stated that “the automobile exception [to the warrant requirement] . . . requires that the vehicle be in a public vehicular area.” Is that right?