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Court of Appeals Rules on Pretrial Self-Defense Immunity Hearings

Last month, the Court of Appeals decided State v. Austin, ___ N.C. App. ___, 2021-NCCOA-494 (Sept. 21, 2021), and a summary of the opinion is available here. Austin addressed several noteworthy self-defense issues, including the sufficiency of the state’s evidence to rebut the presumption of reasonable fear under the “castle doctrine” statutes added in 2011 and whether the trial court’s jury instructions on that issue were proper.

But first, the court had to decide whether the statutory language conferring “immunity from liability” meant that the defendant was entitled to have this issue resolved by the judge at a pretrial hearing. That’s a question I’ve been asked fairly often over the past few years, and my sense is that prior to Austin there were divergent practices on this point around the state.

This post takes a closer look at that portion of the court’s opinion, and explores what we now know and what we still don’t.

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News Roundup

The Winston-Salem Journal reports that seven alumni of the UNC School of the Arts have filed a lawsuit in Forsyth Superior Court alleging that they were victims of sexual abuse perpetrated by faculty members in the 1980s and that school administrators did not intervene after the students reported the abuse.  The plaintiffs are asking that the suit proceed as a class-action and say that several hundred former students could join.  Keep reading for more news.

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From 6 to 10: New Minimum Age for Juvenile Delinquency and Undisciplined Jurisdiction

Session Law 2021-123 includes several significant changes to the law that governs juvenile delinquency cases. This post will describe one of those changes—an increase in the minimum age for delinquency and undisciplined cases. As I write this post, that age is set at 6 years old. G.S. 7B-1501(7)a., -1501(27)a. Beginning with offenses committed on or after December 1, 2021, the minimum age for most acts of delinquency and for all undisciplined behaviors will be 10 years old. S.L. 2021-123 § 5.(b). This change comes with limited exceptions that provide for delinquency jurisdiction for some offenses committed at ages 8 and 9, a new procedure for juvenile justice to work with children between the ages of 6 and 10 through a juvenile consultation process, and new law related to the role of parents in juvenile consultation matters. This post walks through each of these components.

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News Roundup

The Associated Press reported Thursday that four North Carolina prisons and a drug addiction treatment facility are being renamed because of historical connections to racism or slavery.  NC DPS has a press release about the name changes here.  The new names take effect on Monday.  Keep reading for more on this story and other news.

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News Roundup

USA Today reports that federal indictments for financial crimes were issued this week against Brian Laundrie, who also has been named as a person of interest in the killing of his fiancé Gabby Petito.  Petito’s disappearance, and the eventual discovery of her remains at a campground near Grand Teton National Park in Wyoming, became a major national news story when Laundrie returned to Florida without Petito after the pair embarked on a cross country road trip.  Laundrie did not explain Petito’s disappearance and has himself been missing for more than a week.  Keep reading for more news.

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Case Summaries: Fourth Circuit Court of Appeals (August 2021)

This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals released during August 2021 that may be of interest to state practitioners. Previous Fourth Circuit summaries are available on the SOG website here. Summaries are also emailed to subscribers of the SOG criminal law listserv.

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News Roundup

Chapel Hill police announced yesterday afternoon that Miguel Enrique Salguero-Olivares was arrested on Thursday morning and charged with first-degree murder in the death of Faith Hedgepeth, a UNC student who was killed in September 2012 in her off-campus apartment.  Keep reading for more on this story and other news.

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