Uncategorized Archives – Page 29 of 298 – North Carolina Criminal Law

Prosecuting Defendants in Bankruptcy

March 9, 2022March 8, 2022 Jonathan Holbrook

This post summarizes an unusual point of law that recently caught me by surprise, and it’s one which I don’t believe we’ve ever directly covered on the criminal law blog before: the impact of bankruptcy on criminal charges.

After reading that introduction, I know some of you may be tempted to skip this one, but bear with me — whether you’re prosecuting or defending, and whether it’s a complex felony embezzlement case or a simple misdemeanor failure to return rental property, this could potentially be a pretty big deal. (Alternatively, if that’s not enough to hook you, please click through anyway to see a personal announcement at the end of this post.)

News Roundup

March 4, 2022 Christopher Tyner

As Reuters reports, this week Purdue Pharma and its owners the Sackler family agreed to pay $6 billion to resolve litigation brought by a group of state attorneys general related to the company’s substantial culpability for the American opioid epidemic. The deal is part of bankruptcy proceedings that, if approved, will result in Purdue Pharma ceasing to exist. In 2020 Purdue Pharma pleaded guilty to federal criminal charges related to its distribution of OxyContin. Keep reading for more news.

New Resource on Injury for Assault and Other Offenses

March 1, 2022 Brittany Bromell

I am excited to announce the release of a new guide on Defining “Injury” for North Carolina Assault and Other Offenses.

News Roundup

February 25, 2022 Christopher Tyner

As the Atlanta Journal-Constitution reports, Travis McMichael, Greg McMichael, and William “Roddie” Bryan were convicted this week by a federal jury of hate crimes related to their murder of Ahmaud Arbery in Georgia two years ago. All three men were convicted of state murder charges in December of last year. Outside the courthouse, Arbery’s family celebrated the verdict and thanked supporters for standing by them in what they called a “very long, stressful fight” for justice. Keep reading for more news.

Court of Appeals Finds No Constitutional Violations Related to Pre-Raise the Age Prosecution in Criminal Court

February 22, 2022 Jacquelyn Greene

Were the constitutional rights of defendants who were prosecuted as adults in criminal court for offenses that they committed at ages 16 or 17, and prior to December 1, 2019, violated because the jurisdictional changes under raise the age were not retroactive? The North Carolina Court of Appeals does not think so. The decision in State v. Garrett, 2021-NCCOA-591, answers this question.

What Does the Duty to Intervene Really Mean?

February 21, 2022 Jeff Welty

Law enforcement officers have a duty to intervene when they have an opportunity to prevent another officer from using unlawful force. That duty comes from multiple sources, including federal constitutional law, a new state statute, and, in some cases, agency policy. But what does the duty require in practice? Is verbal intervention enough, or must the officer attempt to intercede physically? What if the officer has competing obligations, such as keeping control of an unruly scene? And what should an officer do if he or she isn’t sure whether the amount of force another officer is using is appropriate? This post will address how officers and agencies might operationalize the duty to intervene.

News Roundup

February 18, 2022 Christopher Tyner

The Associated press reports that the families of nine victims of the Sandy Hook Elementary School shooting have settled a lawsuit against Remington Arms for $73 million. The suit alleged that Remington marketed the AR-15 style assault rifle used in the shooting in a dangerous manner by promoting its destructive capability and associating it with violence. Twenty-six people were killed at Sandy Hook in 2012 by a lone gunman; twenty of the victims were young children.

Case Summaries: Fourth Circuit Court of Appeals (January 2022)

February 16, 2022February 16, 2022 Phil Dixon

This post summarized published criminal and related decisions released by the Fourth Circuit Court of Appeals during January 2022. Decisions that may be of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries are available here.

News Roundup

February 11, 2022 Christopher Tyner

As WCYB reports, two men who escaped from the Sullivan County Jail in Tennessee died after a motor vehicle chase across North Carolina ended in a crash in Brunswick County earlier this week. Escapees Tobias Carr and Timothy Sarver allegedly were involved in a robbery at a convenience store in Onslow County and then were chased across several North Carolina jurisdictions before their vehicle was disabled and crashed. Precise details of the incident were unavailable at the time of writing. Keep reading for more news.

Substance Use Disorder Treatment During a Pandemic: A Conversation with TROSA

February 11, 2022February 10, 2022 Jamie Markham

Today’s post is a conversation between Jamie Markham (JM) and Kristen Rosselli (KR), Chief Operating Officer at TROSA. We’ve been getting a lot of questions about how TROSA and other substance use disorder treatment programs are operating during the pandemic, so I thought I would go straight to the source to learn more. This post should not be viewed as an endorsement of TROSA in particular—it just happens to be one of the largest programs in the state, and the one about which I get the most inquiries. As always, my goal is to share up-to-date information so you can make informed decisions for the defendants, clients, and cases that come before you.