The capacity-commitment process in criminal cases is complicated. It involves many moving parts in two different systems: criminal justice and mental health. How is the process bearing up in the COVID-19 era? Based on my conversations with the experts—lawyers, judges, and mental health professionals involved in these cases—the answer is surprisingly well. This post considers the various steps in the process and focuses on a concern common to many court proceedings these days: when does the defendant need to be present, in person or remotely?
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CJIL Project Manager
Because of the state holiday on Friday, there will not be a News Roundup this week but we have a job announcement that may interest blog readers. The School of Government’s Criminal Justice Innovation Lab, led by Jessica Smith, is hiring a Project Manager. The CJIL Project Manager will be responsible for managing a variety … Read more
Case Summaries – N.C. Court of Appeals (April 7, 2020)
This post summarizes published criminal decisions from the North Carolina Court of Appeals decided on April 7, 2020.
Case Summaries – North Carolina Supreme Court (April 3, 2020) and United States Supreme Court (April 6 & March 23, 2020)
This post summarizes the published criminal cases from the North Carolina Supreme Court issued on April 3, 2020, and two decisions from the United States Supreme Court issued on April 6 and March 23, 2020.
Thanks to John Rubin and Chris Tyner for preparing the U.S. Supreme Court summaries.
Two-Week Moratorium on Inmate Transfers to Prison
Effective today, the North Carolina Department of Public Safety has placed a 14-day moratorium on the movement of inmates from the county jails to the state prison system. State officials made the decision with the support of the North Carolina Sheriffs’ Association to help manage the COVID-19 pandemic.
April 2 Emergency Directives Require Continuances, Authorize Remote Proceedings, and Extend Time to Pay
Chief Justice Cheri Beasley entered an order last Thursday, April 2, 2020, imposing emergency directives that were immediately effective and that affect criminal cases.
Legal authority. The Chief Justice’s order was entered pursuant to G.S. 7A-39(b)(2), which permits the Chief Justice, after determining or declaring that catastrophic conditions exist in one or more counties of the state, to issue emergency directives necessary to ensure the continuing operation of essential trial or appellate court functions. Such directives are effective notwithstanding any other provision of law.
News Roundup
As WLOS reports, a man who fired shots at a law enforcement officer in downtown Asheville on Tuesday morning was shot and killed by deputies who were at the Buncombe County Courthouse and responded to the nearby scene. Shane Tilman Kent was killed after shooting a 9mm handgun from inside a parked vehicle near the courthouse. One sheriff’s office lieutenant involved in the incident sustained injuries to his arm, either from a bullet or broken glass from the car Kent was in when he was shot. The SBI now is assisting in the investigation. Keep reading for more news.
Sentencing Health Control Measures
Whenever I teach about Structured Sentencing, I usually start by saying that the law covers most North Carolina crimes, with a few exceptions. Capital felonies and violent habitual felons have their own sentencing rules. And of course so does impaired driving. But a final exception carved out of Structured Sentencing in G.S. 15A-1340.10 is G.S. 130A-25, failure to comply with health control measures. I don’t typically spend much time on those rules, though, as there are only a handful of convictions under them in the state each year (seven in 2019). Now seemed like a good time to take a look.
News Roundup
Again this week the coronavirus pandemic was the dominant news story across the nation, with many communities around North Carolina issuing stay at home orders directing residents to avoid leaving their homes except for essential activities. We continue to be grateful for the efforts of North Carolinians on the front lines of the pandemic – healthcare providers, emergency responders, law enforcement, state and local government officials and employees, and those who work in essential businesses. Keep reading for more news.