Latest posts in category Uncategorized on North Carolina Criminal Law Blog

On Wednesday, President Joe Biden announced a “comprehensive strategy to combat gun violence and other violent crime” ahead of the summer months when major cities often experience increased gun violence.  Among other things, the administration’s press release says that local governments will be able to use American Rescue Plan funds to hire law enforcement officers, prosecute gun traffickers, and invest in new law enforcement equipment and technology.  Keep reading for more on this story and other news.

My email continues to stay busy with confusion about juvenile cases, including questions about the status of a case during the time for appeal of an order transferring the case to superior court and the use of an indictment to trigger transfer of a juvenile matter to superior court. This blog will address three frequently asked questions (FAQs): (1) which court has jurisdiction over the case during the 10-day period for giving notice of an appeal, (2) what are the restrictions on recordkeeping during that 10-day period or while the superior court considers any appeal, and (3) may an order for arrest be generated when an indictment is returned in a matter that is under juvenile jurisdiction?

Earlier today, Chief Justice Paul Newby rescinded the two remaining COVID-19 Emergency Directives. The Chief Justice determined that the enactment of S.L. 2021-47 (Senate Bill 255) on Friday rendered unnecessary Emergency Directive 3, which authorized judicial officials to conduct proceedings that include remote audio and video transmissions and Emergency Directive 5, which permitted verification of pleadings and other documents by affirmation of the subscriber.

ABC News reports that approximately 50 police officers resigned en masse from the Portland Police Bureau’s Rapid Response Team this week after a member of the team was indicted by a grand jury for excessive use of force during an August 2020 protest in the city.  Officer Corey Budsworth was indicted Tuesday on an assault charge for allegedly striking a woman in the head with a baton during the protest.  The resignations represent the entire membership of the Rapid Response Team, which is a voluntary assignment that mostly involves crowd control duties.  The team has been on duty frequently in recent months because of the extensive demonstrations in Portland following the murder of George Floyd.  Keep reading for more news.

This post summarizes published criminal decisions from the North Carolina Court of Appeals released on June 15, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.

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.

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.

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.

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.

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.