Latest posts in category Uncategorized on North Carolina Criminal Law Blog

A convicted murderer who escaped from prison in Pennsylvania and remained on the loose for two weeks was captured this week. According to the AP, “a plane fitted with a thermal imaging camera picked up Danelo Souza Cavalcante’s heat signal, allowing teams on the ground to secure the area, surround him and move in with search dogs,” one of which latched onto the man’s leg. A different AP article notes that the officers involved in the apprehension took a photo to memorialize the moment, an act that has drawn “criticism from policing reform advocates and some members of the public.” Keep reading for more news.

In preparation for some upcoming teaching, I’ve been brushing up on anticipatory search warrants. Such warrants authorize a search, but only once a “triggering condition” takes place. The most common scenario involves the controlled delivery of drugs that have been intercepted in transit. The warrant authorizes the search of the destination residence, but only once the drugs have been delivered. Case law establishes that a warrant may issue only if the drugs are on a “sure course” towards delivery. This post asks why – and whether – that should be the case.

A convicted murderer remains on the lam in the suburbs of Philadelphia following his escape from jail last week. The AP reports that the man was serving a life sentence for killing his former romantic partner when he climbed over a razor-wire-lined fence and walked away. The man has been seen around the area at least six times while managing to evade capture and is suspected of breaking into at least one area home. This has understandably caused considerable distress among community residents. Some schools have closed in response to the ongoing situation. The suspect is also wanted by Brazilian authorities in connection with another homicide there. Read on for more criminal law news.

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.

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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.

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.

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?

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.

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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 […]

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.