Latest posts in category Uncategorized on North Carolina Criminal Law Blog

During the COVID-19 outbreak, Chief Justice Cheri Beasley has exercised her authority under G.S. 7A-39(b)(2) to issue orders imposing 22 emergency directives to ensure the continuing operation of the courts. Such emergency orders expire no later than 30 days from their issuance, though they may be renewed for additional 30-day periods. Because the orders imposing the directives were issued on differing dates, they have expired and have been renewed on differing schedules. The Chief Justice entered the latest renewal order yesterday. This post will review the directives that are currently in place, including those related to the eventual resumption of jury trials.

With the work of the Governor’s Task Force for Racial Equity in Criminal Justice under way, it is timely to consider the issue of racial equity in the juvenile justice system. Issues of racial and ethnic disproportionality and disparity in juvenile justice have been discussed and studied in juvenile justice systems across the country for decades, as federal juvenile justice funding for states has long been tied to their study. See the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention’s Racial and Ethnic Disparities page for more information on the federal requirement.

North Carolina’s most recent study, Disproportionate Minority Contact in North Carolina: An Assessment Study (hereinafter “Assessment Study”), funded by the Governor’s Crime Commission and authored by Stan Orchowsky, Ph.D. of Cambiare Consulting and Michael Leiber, Ph.D., and Chae Jaynes, Ph.D., of the University of South Florida, was released in June of 2019. The findings reveal that, while there is significant local variation across counties in North Carolina, youth of color are represented throughout the juvenile justice system in far greater numbers than they are represented in the general population. These disparities are most profound at the very front door of the juvenile justice system and at the deepest end of the system in secure confinement. They are also most profound for Black youth.

The criminal cases against Greg Lindberg and Robin Hayes arising from their attempt to bribe State Insurance Commissioner Mike Causey to give favorable treatment to Lindberg’s insurance business have been regular topics in the News Roundup over the past year.  Lindberg was convicted by a jury earlier this year and Hayes pleaded guilty last year.  As the Charlotte Observer reports, both men were in federal court this week for sentencing.  Keep reading for more on this story and other news.

This post summarizes opinions issued by the North Carolina Court of Appeals on August 18, 2020.

This post summarizes opinions issued by the Supreme Court of North Carolina on August 14, 2020.

This post summarizes published criminal law and related decisions from the Fourth Circuit Court of Appeals decided in July, 2020.

The School of Government and North Carolina Judicial College are excited to announce that Brittany Williams has joined our faculty to work in the field of criminal law.

Next week, from Wednesday to Friday, the School of Government is virtually hosting the Public Defender Attorney and Investigator Conference.  The event is co-sponsored by the Office of Indigent Defense Services, the North Carolina Association of Public Defenders, and the North Carolina Association of Public Defender Investigators.  Held through the Zoom webinar platform, the event is open to IDS employees, private assigned counsel, and contract attorneys handling indigent criminal and delinquency cases.  Registration is open until midnight on Sunday, August 16.  You can sign up and find more information here.  Keep reading for more news.

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.

This post summarizes opinions issued by the Court of Appeals of North Carolina on August 4, 2020.