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.
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.
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.
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).
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.
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.
This week, the North Carolina Senate passed a bill that would allow marijuana to be used for medical purposes. According to the legislative findings at the beginning of the bill, 37 states already permit marijuana to be used legally under at least some circumstances. Although the bill had bipartisan support in the Senate, its fate in the House is uncertain. Keep reading for more news.
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on June 7, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Quickly on the heels of last week’s racist mass shooting comes America’s latest tragedy. On Tuesday, a teenager in Texas killed nineteen elementary school children and two of their teachers with an assault rifle he bought a week prior and the day after his 18th birthday. While the shooting is the deadliest ever for a school in Texas, surpassing an incident with ten victims at a high school in Santa Fe four years ago, it is only the second-deadliest elementary school shooting in our history. Twenty-six people died at Sandy Hook a decade ago, twenty of them children. Keep reading for more news.
Last month the Court of Appeals held in In re J.A.D., 2022-NCCOA-259, that the findings in an adjudication order were deficient because they did not include an affirmative statement by the court, beyond the pre-printed language on the form, that the allegations in the petition were proven beyond a reasonable doubt. Given the minimal legal requirements for delinquency adjudication orders, drafting them can sometimes feel like a largely ministerial duty. However, this appellate decision is a good reminder that adjudication orders in delinquency cases must contain certain essential findings of fact.