The Greensboro News & Record reports that jury trials resumed this week in Guilford County after a nearly eight-month suspension due to the ongoing coronavirus pandemic. The News & Record story discusses the difficult balance Guilford and other jurisdictions across the state are trying to strike as they grapple with a backlogged trial calendars amid increasing virus infection rates. Keep reading for more news.
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Case Summaries: Fourth Circuit Court of Appeals (October 2020)
This post summarizes published decisions from the Fourth Circuit Court of Appeals decided in October, 2020, that may be of interest to state practitioners.
Supreme Court Un-“Capps” Amendments
A few months ago, Jamie Markham summarized the North Carolina Supreme Court’s decision in State v. Capps, 374 N.C. 621 (2020), affirming the procedure used by the state to cure a defect with the name of the victim in larceny and injury to personal property charges. The higher court’s decision reversed the Court of Appeals ruling in State v. Capps, 265 N.C. App. 491 (2019), a case that Jeff Welty blogged about here.
The more recent Capps case is one that I have found myself mentioning over and over again during presentations on pleadings, amendments, and legal updates, so I thought we should close the loop on those earlier blog posts by digging a little deeper into its holding. Procedurally, Capps is a significant and helpful case for the state, but it remains to be seen how one aspect of the decision will be reconciled with existing case law.
The Impact of COVID-19 on Sentencing
While the suspension of jury trials caused by the pandemic has slowed the work of the criminal courts, judges across the state continue to sentence defendants who enter guilty pleas. The prospect of their clients facing prison time during the pandemic has spurred defense attorneys to consider what arguments might be made during sentencing proceedings with respect to the heightened danger of a defendant contracting COVID-19 in a correctional facility.
News Roundup
A march from Wayman’s Chapel AME Church in Graham to the Alamance County Court Square on the last day of North Carolina early voting received national attention this week when law enforcement officers used pepper spray to disperse the crowd and made several arrests. Keep reading for more on this story and other news.
Case Summaries — N.C. Court of Appeals (Nov. 3, 2020)
This post summarizes published opinions issued by the Court of Appeals of North Carolina on November 3, 2020.
The 2020 Election: What’s Going on Down the Ballot?
No one is coming to the North Carolina Criminal Law blog for late-breaking election news. And I have no insight into whether Donald Trump or Joe Biden will garner the 270 electoral votes necessary to serve as the next commander in chief. Nevertheless, I’m writing this post for posterity – and to highlight some down-ballot election results that may impact courts and criminal justice in our state. The election results described below were taken from WRAL.com and the North Carolina State Board of Elections website.
Pilot Sites Chosen for North Carolina’s Citation Project
Back in July I wrote a post (here) inviting North Carolina police departments to apply to participate as pilot sites for The Citation Project. Executed by the UNC School of Government’s Criminal Justice Innovation Lab and the North Carolina Association of Chiefs of Police, The Citation Project seeks to improve policing practices through implementation and rigorous evaluation of a model citation in lieu of arrest policy. Four pilots sites have been selected. They include: Winston-Salem, Wilmington, Apex and Elizabeth City.
News Roundup
This week Amy Coney Barrett was sworn in as an Associate Justice of the United States Supreme Court. Barrett took the Constitutional Oath, administered by Justice Thomas, in an evening ceremony at the White House South Lawn on Monday. On Tuesday morning, Chief Justice Roberts administered Barrett’s Judicial Oath at a private ceremony at the Supreme Court Building. Barrett’s swearing in followed a confirmation vote in the Senate that fell largely along party lines, with 52 senators voting to confirm her to the court and 48 voting against. Susan Collins cast the only Republican vote against Barrett’s confirmation, saying the vote was not related to Barrett’s qualifications but a reflection of her view that the vote should have taken place after the upcoming election. Keep reading for more news.
In Search of Youth Voice: Were You or Someone You Know Involved with Juvenile Court in N.C.?
Much of our work at the School of Government is focused on creating educational materials for professionals who work in North Carolina’s juvenile court—especially judges and attorneys. We want to share the voices of those who are affected the most – the juveniles. Professor Sara DePasquale and I are starting a video project to give voice to the experience of juveniles who have been involved in the juvenile justice and/or child welfare systems. This post provides some information on what we hope to do and how to contact us if you or someone you know is interested in participating.