This post summarizes published criminal decisions from the North Carolina Court of Appeals released on February 2, 2021. Gabrielle Supak and Jamie Markham prepared these summaries. As always, they will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
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Changes in North Carolina Jail Populations During COVID-19
We have issued a series of reports on North Carolina state and county-level jail occupancy rates, including one in October 2020 focusing on changes in total county and statewide jail occupants during the COVID-19 pandemic (our earlier reports are here, here and here). This report provides updated jail population numbers through November 2020. Please refer to our prior reports for information on data sources and calculations.
Criminal Violations of a DVPO
In North Carolina, victims of domestic violence are protected by both civil and criminal laws. Our state’s Domestic Violence Protective Order (DVPO) laws are in Chapter 50B of the General Statutes. A person seeking relief under Chapter 50B may file a civil action in district court alleging acts of domestic violence and seeking entry of a protective order. If the court enters a DVPO, a violation can have criminal consequences. This post reviews the criminal offenses involving violations of DVPOs.
News Roundup
WNCT reports that the Greenville Police Department and the Pitt County Sheriff’s Department, in partnerships with Integrated Family Services, will soon launch Co-Responder Mental Health Response Programs. Under the GPD program, which starts next week, IFS professionals will work directly out of police headquarters and respond alongside law enforcement officers to situations involving possible mental health crises. The GPD program, which will be the first of its kind in eastern North Carolina, will begin next week, and the program at the Sheriff’s Department will begin later this spring. Keep reading for more news.
Juvenile Justice System Impacts in the First Year of Raise the Age
The Juvenile Justice Reinvestment Act (JJRA), which raised the age of juvenile court jurisdiction to include youth who commit offenses at ages 16 and 17, went into effect on December 1, 2019. What impacts have been realized in the juvenile justice system as a result? The Juvenile Jurisdiction Advisory Committee (JJAC), created by the JJRA, submitted its required interim report to the General Assembly on January 15, 2021. The report provides many details about the first year of implementation as well as JJAC recommendations for legislative amendments and ongoing budgetary needs. This blog provides a summary of some of the trends during the first year of raise the age implementation as detailed in the report.
News Roundup
The Greensboro News & Record reports that Christopher Spencer of Pilot Mountain has become the first North Carolinian to face federal charges in connection with the deadly insurrection at the United States Capitol earlier this month. The report says that Spencer has been charged with obstructing official proceedings, unlawful entry, and disorderly conduct. Investigators apparently were aided by Facebook livestreams Spencer allegedly posted showing him encouraging others to kick open doors in the building and yelling obscenities at police officers. His father Winston Spencer told the News & Record that his son’s participation in the incident “has been blown out of proportion.” Keep reading for more news.
Where can I find the definition of a North Carolina crime?
Recently questions came to me and my SOG criminal law colleagues about the crime of burglary in North Carolina that made it clear some readers would benefit from a discussion of statutory versus common law definitions of criminal offenses, as well as how to research legislative history. I will address these two issues using one scenario across a couple of blog posts. I hope these posts will help in interpreting and understanding statutes.
Case Summaries: Fourth Circuit Court of Appeals – (Dec. 2020)
This post summarized published criminal and related decisions from the Fourth Circuit Court of Appeals decided in December, 2020, that may be of interest to state practitioners.
News Roundup
The deadly attack on the United States Capitol by extremist supporters of President Donald Trump continues to dominate the national news this week as federal and state law enforcement agencies undertake the massive task of identifying and arresting perpetrators from across the country. Keep reading for more on this story and other news.
Beaten, Battered, and Bruised: Multiple Assault Offenses or a Continuing Assault Offense?
Imagine a case of domestic violence in which the perpetrator physically and violently assaults a victim. The perpetrator punches the victim with his fist, grabs the victim by the throat and strangles her, and grabs the nearest object and hits her over the head. The victim suffers a broken jaw, black eye, and a concussion and sustains bruising to the neck.
Assuming each of these acts occurred within a short and continuous time frame, could the perpetrator be charged with multiple counts of assault or only one?