Uncategorized

blank

News Roundup

I am saddened to share news of the tragic shooting that took place on the UNC’s campus Monday, which led to the death of Professor Zijie Yan. Reports of shots fired led to an hours-long lockdown on the campus and public schools nearby. UNC graduate student Tailei Qi, who was a member of Yan’s research group, has been charged with first-degree murder and carrying a gun on an educational campus in connection with the shooting.

Thank you to all who have reached out to us here at the School of Government.

Keep reading for more criminal law news.

Read more

Removing State Criminal Charges to Federal Court

Every law student learns that state civil cases may be “removed” to federal court under certain conditions – usually when the case presents a question of federal law, or the parties are residents of different states. See 28 U.S.C. § 1446. But until recently, I had never heard of a state criminal case being removed to federal court. Former President Trump and several members of his administration have requested exactly that, and there are federal statutes that allow for it under limited circumstances. This post digs a little more deeply into the removal of criminal cases.

Read more

News Roundup

Yesterday, former President Trump turned himself in at the Fulton County jail in Atlanta to be booked on criminal charges related to his alleged efforts to interfere with and overturn the results of the 2020 presidential election. President Trump was in and out of the jail in 20 minutes, during which time he had a mug shot taken. He posted the mug shot on X (formerly Twitter), returning to the platform for the first time in two years. He characterized the prosecutor who brought the charges as a “Radical Left, Lowlife District Attorney.” NBC News has the basics here. I’ll have some more information about some interesting legal issues in the case on Monday. For now, keep reading for more news.

Read more

North Carolina’s new Pretrial Integrity Act

As a general rule, most defendants are entitled to have conditions of pretrial release set without unnecessary delay, and this typically happens at the initial appearance before a magistrate. G.S. 15A-511; -534. There is a carve out for capital defendants—only a judge can set conditions in a capital case and conditions are in the judge’s discretion. G.S. 15A-533(c). The statute contains other exceptions to the general rule, such as the 48-hour hold rule for domestic violence cases, providing that only a judge can set conditions within the first 48 hours of arrest. G.S. 15A-534.1(a). North Carolina’s new Pretrial Integrity Act, effective October 1, 2023, and applying to offenses committed on or after that date, creates significant additional exceptions to the general rule.

Read more

blank

Juvenile Code Does Not Authorize Transfer Based on Consent

One of the more common questions I receive about the transfer of a case from juvenile jurisdiction to the jurisdiction of the superior court for trial as an adult is whether transfer can be ordered based on consent of the juvenile. The issue seems to cross my desk when a juvenile has some charges pending in criminal court and there are unrelated felony charges pending under juvenile jurisdiction. The short answer is no. The statutory structure that governs transfer does not allow for ordering transfer based on consent. Why?

Read more

blank

News Roundup

Former President Donald Trump was indicted on Monday for the fourth time. A Fulton County grand jury returned a 41-count indictment charging Trump and 18 others with a conspiracy to unlawfully change the outcome of the 2020 presidential election. The Atlanta Journal-Constitution reports that indictment is the culmination of a two-year investigation launched by Fulton County District Attorney Fani Willis following Trump’s leaked January 2, 2021, phone call with Georgia Secretary of State Brad Raffensperger, during which Trump asked Raffensperger to “find” him 11,780 votes.

Keep reading for more criminal law news.

Read more

August 22nd Webinar: Reimaging Police Crisis Response

On August 22, 2023, from 11:00 am to 12:00 pm EST, the UNC School of Government Criminal Justice Innovation Lab (the Lab) will host a FREE webinar, Reimagining Police Crisis Response. In many communities, law enforcement officers are first responders to calls for service involving social issues like homelessness and mental health and substance use … Read more

blank

News Roundup

On Tuesday, former President Donald Trump was indicted for a third time. Trump previously was indicted in New York state court for allegations that he paid hush-money to an adult firm star days before the 2016 presidential election. The second indictment, filed in federal court in Florida, relates to the discovery of classified documents in Trump’s home after he left the White House. Some experts deem the latest indictment, filed in federal court in the District of Columbia, as the most consequential. Trump is accused of attempting to remain in power, despite having lost the 2020 election, by subverting election results. The indictment alleges that Trump engaged in unlawful conspiracies that “built on the widespread mistrust [Trump] was creating through pervasive and destabilizing lies about election fraud” and that “targeted a bedrock function of the United States federal government: the nation’s process of collecting, counting, and certifying the results of the presidential election.” Trump appeared in court on Thursday and entered a plea of not guilty.

Keeping reading for more criminal law news.

Read more

Officer Discretion and Failure to Discharge Duties under G.S. 14-230

Law enforcement officers can’t cite every jaywalker, stop every speeder, and arrest every underage drinker, nor would most people want them to do so. Wisely exercising discretion is an important part of an officer’s work. At the same time, North Carolina has a statute that makes it a crime for an officer willfully to fail to discharge his or her duties. That statute has occasionally been used to prosecute officers who chose not to enforce criminal laws. This post considers the extent to which the statute constrains an officer’s discretion.

Read more

News Roundup

Hunter Biden has been the focus of journalistic, criminal, and political investigations for years as a result of questionable overseas business dealings and other alleged misconduct. Earlier this week, he apparently planned to put an end to his legal limbo by (1) pleading guilty in federal court to two misdemeanor counts of failure to pay taxes on over $1.5 million in income, and (2) entering into a two-year diversion agreement that would potentially result in his nonprosecution for a felony charge of possessing a firearm while being a drug user. The plea agreement also contained promises by the government not to prosecute Biden for certain other conduct and to recommend probation for the tax offenses. Although the prosecution was under the supervision of a Trump-appointed United States Attorney, critics saw the agreement as a sweetheart deal tainted by political interference. The Heritage Foundation and at least one member of Congress submitted filings to the court asking the judge not to accept the plea. And on Wednesday, Judge Maryellen Noreika did just that, expressing concern about the scope of the nonprosecution agreement and how Biden’s compliance with the deferral would be determined. The parties are apparently regrouping and attempting to reach a new agreement that the judge will accept. Meanwhile, Republicans in Congress are keen to hold hearings on the whole mess. Reuters has the basics here and CNN has some pertinent documents here. Keep reading for more news.

Read more