This post summarizes published criminal law decisions released by the Fourth Circuit Court of Appeals in May 2021 that may be of interest to state practitioners.
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News Roundup
The Asheville Citizen-Times reports that there has been recent controversy in Madison County following the sheriff’s office hiring a former Asheville police officer and the adoption of a politically charged resolution by county commissioners expressing support for law enforcement. Keep reading for more on this story and other news.
Sealed Indictments
Blame it on the pandemic, I suppose, but somehow I missed this interesting article from March of last year that looked into how often (and why) search warrants are sealed in North Carolina. Former SOG faculty member Michael Crowell was quoted in the article, and his blog post discussing the significance of In re Cooper, 200 N.C. App. 180 (2009) for sealed warrants is available here. I highly recommend reading both, if you haven’t already seen them
Those articles reminded me of a similar issue that I’ve occasionally had questions about, but I don’t think we’ve ever covered on this blog. What about sealed indictments?
News Roundup
On Tuesday, President Joe Biden spoke at an event in Tulsa, Oklahoma, marking the 100th anniversary of a 1921 racist mob attack that left hundreds dead and the Black community of Greenwood destroyed but that was not widely known by the general public until recently. NPR notes that several documentary projects focusing on what is now known as the Tulsa Race Massacre are being released this month, including films from PBS and the History Channel. Keep reading for more news.
“Authorization” in the Context of Computer Crimes
I previously wrote a blog post about North Carolina’s computer-related crime statutes. Two of our computer crimes are accessing computers under G.S. 14-454 and accessing government computers under G.S. 14-454.1. Both statutes prohibit willfully accessing computers for the purpose of committing fraud or obtaining property or services by false pretenses. Both statutes also prohibit unauthorized access to computers, regardless of fraudulent intent. G.S. 14-453 defines authorization as having the consent or permission of the owner—or of the person licensed or authorized by the owner to grant consent or permission—to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. I’ve gotten several questions recently about the scope of unauthorized access under these statutes, and today’s post examines how these laws may be applied.
News Roundup
An attack in San Jose on Wednesday that left 10 people dead now is the deadliest mass shooting in the history of the California Bay Area. The San Jose Mercury News reports that Samuel Cassidy fired nearly 40 rounds while killing coworkers at a Valley Transit Authority light rail facility. Keep reading for more news.
Jurisdiction Over Parents in Delinquency Cases When the Juvenile is 18 or Older
Does the court have authority over parents of juveniles who are respondents in delinquency matters once the juvenile turns 18? This question has come up repeatedly as practitioners across North Carolina continue to implement the Juvenile Jurisdiction Reinvestment Act (JJRA), the law that brought the vast majority of youth who commit offenses at ages 16 and 17 under juvenile court jurisdiction. The short answer is—yes. However, that fact does not mean that this jurisdictional law is without complications. This blog explains why the new jurisdictional laws have led to increased numbers of 18- and 19-year-olds under juvenile court jurisdiction, the court’s authority over the parents of those youth, and complications related to this jurisdictional authority over parents of people who are legally adults.
News Roundup
On Monday, District Attorney Andrew Womble announced his determination that the killing of Andrew Brown Jr. by Pasquotank County sheriff’s deputies during the service of search and arrest warrants at Brown’s home in Elizabeth City last month was justified by reasonable belief that deadly force was necessary due to Brown’s use of his vehicle as a weapon and means of escape. Keep reading for more on this story and other news.
Case Summaries: U.S. Supreme Court (May 17, 2021)
This post summarizes decisions released by the United States Supreme Court on May 17, 2021. As always, they will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Case Summaries: Fourth Circuit Court of Appeals (April 2021)
This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals released during April 2021.