For the most part, if a defendant is convicted of a crime included in the list of reportable offenses, the defendant must register. But some crimes require registration only if the judge orders it. Today’s post summarizes what we know about the process for making that decision.
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Holding or Dicta?
In the comments to a blog post I wrote about using unpublished cases, one reader suggested a follow-up topic: “Should do an article on dicta; what is it and is it precedent?”
At the time, I was lukewarm on the idea. Dicta are just the extraneous statements in a court opinion that are not part of the precedential holding. What else was there to say? But the question came back to my mind after I read Chavez v. McFadden, __ N.C. __, 843 S.E.2d 139 (June 5, 2020), where the state Supreme Court made a point of disavowing dicta in a related Court of Appeals decision, discussed here. I began digging a little deeper, and discovered that my casual attitude towards dicta was predicted by an article written nearly seventy years ago:
Dictum is one of the commonest yet least discussed of legal concepts. Every lawyer thinks he knows what it means, yet few lawyers think much more about it. […] The traditional view is that a dictum is a statement in an opinion not necessary to the decision of the case. This means nothing. The only statement in an appellate opinion strictly necessary to the decision of the case is the order of the court. A quibble like this shows how useless the definition is.
“Dictum Revisited,” 4 Stan. L. Rev. 509 (1952). So I decided to take a closer look at how we distinguish and classify dicta, and whether dicta have any value as precedent. It turns out that our theory and practice may not always line up.
News Roundup
As the Winston-Salem Journal reports, the death of John Neville at the Forsyth County Detention Center continued to animate calls for justice and accountability in Winston-Salem this week after surveillance video footage of the circumstances surrounding his death was made public. People gathered in Bailey Park in the city’s downtown for a vigil honoring Neville where they sang songs and listened to remarks from three speakers. Keep reading for more on this story and other news.
What Is a Sexual Act?
What acts qualify as sexual acts? For North Carolina criminal law purposes, it depends on the context.
Case Summaries — North Carolina Court of Appeals (August 4, 2020)
This post summarizes opinions issued by the Court of Appeals of North Carolina on August 4, 2020.
Meet Mary Pollard, the new Director of the Office of Indigent Defense Services
Yesterday, Mary Pollard began work as just the third Executive Director of the North Carolina Office of Indigent Defense Services (IDS), which began its work two decades ago in 2000. IDS is the statewide agency responsible for overseeing and enhancing legal representation for indigent defendants and others entitled to counsel under North Carolina law. Over the weekend, before she became deluged with her new responsibilities, Mary graciously agreed to do a quick interview with me. Read on to get to know a little more about her.
News Roundup
A fatal officer involved shooting in Roxboro last Friday has been in the news this week, setting off several days of demonstrations in the city and generating divided opinions about whether the use of deadly force was appropriate in the situation. As ABC 11 reports, Roxboro police officers responded to a 911 call reporting that a man, later identified as David Brooks Jr., was walking down the street carrying a gun. Dash camera footage shows that the officers encountered Brooks, who was carrying a shotgun, and ordered him to drop the weapon. Soon thereafter, an officer shot Brooks once in the chest, possibly after Brooks made a movement with the shotgun. The SBI now is investigating the incident. Keep reading for more on this story and other news.
New Legislation on Sex Offender Registration for Out-of-State Offenses
In a post last year, here, I discussed some of the issues related to sex offender registration for out-of-state offenses. Among other things, I noted a federal case in which a registrant challenged the constitutionality of North Carolina’s process (or, really, lack of process) for determining whether a conviction from another state is substantially similar to a North Carolina crime requiring registration. A subsequent case prompted a legislative change that is the main subject of today’s post.
No More Minors in Jails
Many people assumed that the implementation of raise the age on December 1, 2019 meant the end of confinement of anyone under 18 in a jail. That was not the case. Even under our new legal framework for juvenile jurisdiction, some youth under 18 still have cases that are handled in criminal court from the very beginning. There is currently no legal mechanism to house these youth in a juvenile detention facility instead of a jail. This changes on August 1, 2020, when Part II of Session law 2020-83 takes effect.
News Roundup
Clashes between federal law enforcement agents and protesters in Portland, Oregon, have been major national news this week after reports emerged that, in addition to extensive use of tear gas, stun grenades, and rubber bullets, there have been instances where unidentified federal agents in unmarked vans are arresting and interrogating people and later releasing them without filing criminal charges. Details about the extent of the alleged practice are hard to come by at the time of this writing, but late last week Oregon Attorney General Ellen Rosenblum sued the Department of Homeland Security, U.S. Customs and Border Protection, the U.S. Marshals Service, and the Federal Protective Service arguing that the agencies’ actions are unconstitutional and asking for a temporary restraining order. Keep reading for more on this story and other news.