Latest posts in category Uncategorized on North Carolina Criminal Law Blog

As students across North Carolina head back to school, it is a good time to review the law that governs notifying schools about juvenile delinquency cases. Prior to raise the age, notification of charges for high school students required an understanding of the requirements under both the Juvenile Code for delinquency cases and the Criminal Code for cases in which students were accused of crimes committed at ages 16 and 17. Now,  under the post-raise the age statutory structure of juvenile jurisdiction, the Juvenile Code requirements will govern nearly all school notifications.

Here are the headlines:

• school notification can only be made by a juvenile court counselor to the school principal and under the specific circumstances outlined in the Juvenile Code, and
• the information disclosed must remain confidential and may only be used by the school in the limited way allowed for by the law.

A new book by Brandon Garrett is a deep dive into the misuse of forensic evidence in criminal courtrooms. To borrow from its description, Autopsy of a Crime Lab: Exposing the Flaws of Forensics “is the first book to catalog the sources of error and the faulty science behind a range of well-known forensic evidence, from fingerprints and firearms to forensic algorithms.” Professor Garrett has also recorded video lectures to accompany the information in the book. Together with Indigent Defense Services and the SOG, we are pleased to announce a new online CLE course based on the book and video series. Read on for more details.

The School of Government and the North Carolina Judicial College are excited to announce the addition of Emily Turner to the faculty. Emily joined the School in July 2021 and will be the lead faculty member working with district court judges, superior court judges, clerks of court, and magistrates on legal and practical aspects of conducting civil trials and contested hearings with a particular focus on the North Carolina Rules of Civil Procedure.

A North Carolina man, Floyd Ray Roseberry, caused the evacuation of buildings near the United States Capitol yesterday after parking his truck on the sidewalk outside the Library of Congress and claiming that it was rigged with explosives capable of destroying two city blocks.  While livestreaming to Facebook, Roseberry reportedly said that he would surrender peacefully if President Joe Biden stepped down from office.  The incident prompted a massive law enforcement and emergency personnel response, and Roseberry eventually surrendered without incident.  The story was developing at the time of writing.  Keep reading for more news. 

This post summarizes published criminal decisions from the North Carolina Court of Appeals released on August 17, 2021. As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.

WCNC reports that the Mecklenburg County Courthouse was closed all of this week because of a covid outbreak among employees.  All sessions of district and superior court were rescheduled.  The WCNC story says that at least 29 employees were in quarantine because of potential exposure to the virus.  Keep reading for more news.

As the New York Times reports, prosecutors have opened investigations of New York Governor Andrew Cuomo after the state attorney general released a report this week concluding that Cuomo had sexually harassed eleven women.  Keep reading for more news.

As the Atlanta Journal-Constitution reports, Robert Aaron Long pleaded guilty this week to four counts of murder arising from a series of shootings he committed earlier this year in the Atlanta area.  The plea deal covered four killings in Woodstock, Georgia, which is north of Atlanta, and spared Long from the potential of being sentenced to death at a capital trial.  Long is accused of killing eight people, many of them Asian women, and additional murder charges still are pending against him in Fulton County, where part of the shooting rampage took place.  Keep reading for more news.

The UNC School of Government Criminal Justice Innovation Lab and The Pew Charitable Trusts and invite North Carolina jurisdictions to apply to participate in the NC Court Appearance Project. Pew and the Lab will offer free technical assistance for up to three North Carolina jurisdictions interested in examining the scope and impact of missed court dates and exploring ways to improve court appearance rates and responses to missed court dates. Because Pew and the Lab adhere to a non-partisan, evidence-based approach to criminal justice policy, this project will be grounded in data, research, and stakeholder collaboration and priorities.

The Juvenile Justice Reinvestment Act and its subsequent corresponding legislation raised the age of juvenile jurisdiction to 18 for most offenses committed at ages 16 or 17 that would otherwise be crimes. S.L. 2017-57, §§ 16.D.4.(a)-16.D.4.(tt) and S.L. 2019-186. Last summer, the legislature enacted changes to the criminal law to ensure that minors who fall outside of raise the age and continue to be tried as adults are not housed in adult jails. S.L. 2020-83, §§ 8.(a)-8.(p).  While it may feel like these changes must mean that the age of 18 is now consistently the legal demarcation for being treated as an adult, the law continues to use the age of 16 as a defining line in some instances. For example, Chapter 50B (Domestic Violence) and Chapter 50C (Civil No-Contact Orders) continue to provide that domestic violence protective orders (DVPOs) and Civil No-Contact Orders can be obtained against youth once they reach the age of 16. This blog addresses how enforcement of these orders against youth who are ages 16 and 17 is affected by raise the age and by the removal of minors from jails.