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The North Carolina Department of Commerce has created a new online tool called The NC Reentry Outcome Reporting System. The tool shows employment outcomes for people leaving the state prison […]

Yesterday, Alabama became the first state in the nation to execute a prisoner using nitrogen hypoxia. The AP reports here that “Kenneth Eugene Smith, 58, was pronounced dead at 8:25 p.m. . . . after breathing pure nitrogen gas through a face mask to cause oxygen deprivation.” Smith was sentenced to death three decades ago for his role in a contract killing. Alabama attempted to execute him by lethal injection in 2022, but the attempt failed when authorities were unable to attach an IV to his veins. The Supreme Court declined to block the nitrogen gas execution earlier this week, over a dissent from three liberal Justices. The linked story contains some details of the execution. Keep reading for more news.

Imagine a case involving a juvenile who lives in North Carolina and is in secure custody because of a charge of an act of delinquency in New York comes across your desk. You look to the Juvenile Code to read the statute that governs interstate issues. You find Article 40 of Chapter 7B, “Interstate Compact for Juveniles.” But, after reading Article 40, you realize that there is no statutory guidance regarding the actual procedure in the case.  Where do you turn? The law regarding interstate matters in juvenile justice cases is perhaps the best kept secret in juvenile law. The actual substance can only be found in the Rules promulgated by the Interstate Commission for Juveniles.

A recent study published by The Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania examines the use of presumptive field tests used by law enforcement to detect the presence of illegal drugs. It notes that field tests are “notoriously imprecise” and commonly produce a positive result even when no controlled substance is present. The study found that more than 770,000 drug arrests in the nation involved field tests and suggests that around 30,000 people are wrongfully arrested based on false positives from the tests each year. North Carolina law recognizes that field tests do not meet the standards for expert testimony under Evid. R. 702. State v. Carter, 237 N.C. App. 274 (2014). But the use of field tests on the ground—whether to establish probable cause or to determine compliance with conditions of supervision, for instance—remains a common occurrence. You can read the study here. Read on for more criminal law news.

The long-awaited North Carolina sports betting law went into effect on Monday. House Bill 347, which was passed last summer, authorizes and regulates wagering on horse racing and on professional, college, and amateur sports. It allows up to twelve legal online sportsbooks and eight in-person sportsbooks to operate at professional sports venues in the state.

The law provides the following penalties for violations of its provisions:

• A Class 2 misdemeanor for knowingly engaging in wagering in violation of the new law;
• A Class 2 misdemeanor for any person under the age of 21 to engage in wagering;
• A Class G felony to influence or attempt to influence the outcome of any competition or aspect of any competition that is the subject of wagering; and
• A Class I felony for any applicant for a license under the new laws to willfully furnish, supply, or otherwise give false information on the license application.

It is my pleasure to announce that Daniel “Danny” Spiegel has joined the Courts Group faculty here at the School of Government as an expert in criminal law. We are thrilled to have him as a part of the team. Danny’s work will primarily focus on defender issues, but he will also teach and advise judicial officials and other court system actors. I expect Danny will soon be a regular voice on the blog and presenter at SOG trainings. Please join me in giving Danny a warm welcome to the SOG!

Michael Lewis is a celebrated author whose work has repeatedly topped the best-seller lists. His most famous book is Moneyball, which chronicles the analytics revolution in baseball. But his most controversial – perhaps even his most hated – book is also his most recent: Going Infinite, which chronicles the rise and fall of the cryptocurrency exchange FTX and the exploits of its founder, Sam Bankman-Fried.

Criminal law news is seldom cheery. That said, I am particularly saddened to begin the first news roundup of 2024 with a story of a school shooting.

School was set to resume yesterday in Perry, Iowa, following the winter break. But before the opening bell rang at Perry High School on Thursday morning, authorities say 17-year-old Dylan Butler, a student at the school, opened fire, killing a sixth-grader and wounding five others. Law enforcement officials reported that Butler was armed with a pump-action shotgun and a small handgun and that he was found dead inside the school with a self-inflicted gunshot wound.

The Associated Press reports that the shooting “occurred in the backdrop of Iowa’s looming first-in-the-nation presidential caucuses.” GOP candidate Vivek Ramaswamy had a campaign event that was scheduled to occur yesterday morning less than two miles away from Perry High School. He canceled the event to hold a prayer and discussion with area residents.

Continue reading for more criminal law news.

This will be the last news roundup of the year. We’ll likely have a post or two early next week and then go dark for the holidays, returning in early January. We appreciate your readership this year, as well as your feedback, your topic suggestions, and all the other ways that you participate in the blog community. However you may celebrate the season, we wish you a happy and restful break. Read on for a selection of the week’s news.

The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has provided for judicial branch officials since the 1930s. Through the Judicial College, the School now offers more courses of interest to mid-and later-career officials and provides that training in small group, interactive educational settings.

We highlight some of those courses, the judicial officials who have participated in them, and our award-winning faculty in our latest annual report. We thought you might like to check it out.