Yesterday, Justice Stephen Breyer officially resigned his seat on the Supreme Court of the United States after 28 years of service. Justice Breyer, universally described as a kind and humble person, was one of the more liberal members of the current Court on criminal justice matters. In his famous dissent in Glossip v. Gross, 576 U.S. 863 (2015), he argued that the death penalty “in and of itself” constitutes a cruel and unusual punishment prohibited by the Eighth Amendment. His replacement and former law clerk, Justice Ketanji Brown Jackson, was sworn in by Chief Justice Roberts. ABC news has more details here, including a lovely picture of Justices Breyer and Brown Jackson together. Keep reading for more news.
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Abortion and North Carolina Criminal Law after Dobbs
I was born the year before the Supreme Court decided Roe v. Wade, 410 U.S. 113 (1973). Abortion has been a constitutionally protected right very nearly my whole life, so I’ve never needed to examine the issue through the lens of criminal law. That has changed as a result of Dobbs v. Jackson Women’s Health Organization, 597 U.S. __ (2022), which overruled Roe. This post identifies some of the issues that may arise under North Carolina criminal law in a post-Roe world.
Case Summaries – Supreme Court of the United States (June 23, 2022)
This post summarizes cases decided by the Supreme Court of the United States on June 23, 2022. The cases are principally criminal law adjacent, but as appropriate may be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. Shea Denning prepared the summary of Nance v. Ward, and I prepared the others.
Below is a post I recently published on our On the Civil Side blog that I thought would be of interest to defense attorneys. The post explores the appeal of an order terminating a father’s parental rights following a hearing the father could not participate in because of a COVID-19 prison lockdown. The notions of due process, procedural fairness, and liberty interests will be familiar to you. The case, In re C.A.B., 2022-NCSC-51, also serves as a reminder that for a client who is incarcerated before or after a trial, the client’s life and family—and the world at large—go on.
Legally Permissible Uses of Juvenile Detention
One of the many unique features of the juvenile justice system is the law related to the permissible uses of detention. Called secure custody in the Juvenile Code, placement of a juvenile in detention is permitted only when specifically authorized by statute. This post reviews the legally allowable circumstances for the use of juvenile detention. If the situation of a particular juvenile does not match any of these circumstances, then the juvenile cannot be ordered to be held in a detention facility. Note that detention applies only to juveniles who are the subject of delinquency or undisciplined proceedings and is never permitted in an abuse, neglect, or dependency action.
News Roundup
It is hard to find good help these days, with unemployment low and employers competing fiercely for workers. It’s well known that law enforcement agencies are having trouble recruiting sworn officers, but WFMY reports here that jails are having trouble hiring enough detention officers as well. In Forsyth County, 77 out of 249 positions are vacant. Other counties are also in dire straits. Corrections 1 noted a few weeks ago that Mecklenburg County was short more than 100 detention officers. Keep reading for more news.
Case Summaries – Supreme Court of N.C. (June 17, 2022)
This post summarizes published criminal decisions from the Supreme Court of North Carolina released on June 17, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. These summaries were prepared by School of Government Legal Research Associate Alex Phipps, except for the summaries of Conner (prepared by Shea Denning) and Kelliher (prepared by Jamie Markham).
Suing the Police over Tight Handcuffs
On Friday, the Supreme Court of North Carolina decided a civil case in which an arrestee alleged that he was handcuffed too tightly by the arresting officer. The court allowed the suit to proceed over the officer’s claim of public official immunity. This post provides more detail about that case and about the law of tight handcuffing more broadly.
News Roundup
Many Americans have been paying close attention to the proceedings of the House Select Committee to Investigate the January 6th Attack on the United States Capitol. Among the interested observers are federal prosecutors at the United States Department of Justice, who are increasingly frustrated with the Committee’s refusal to provide DOJ with transcripts of the Committee’s witness interviews. Politico reports here that DOJ thinks the transcripts may be useful in its effort to prosecute those who engaged in criminal activity during the attack. DOJ also views the Committee’s selective release of transcripts during televised hearings as fueling defense arguments that the Committee is making it impossible for defendant to get a fair trial.
Book Review: Sentence, by Daniel Genis
My local public library recently acquired a copy of Sentence: Ten Years and a Thousand Books in Prison by Daniel Genis. It’s a memoir of the author’s ten years in the New York prison system. I found it interesting, but ultimately not completely successful.