News Roundup

The top story this week is that Olympic gold medalist Mary Lou Retton has been charged with DUI, per this story from the UPI and AP. Retton, 57, became the first American woman to win the all-around gymnastics title at the 1984 Summer Olympics in Los Angeles, where she also won two silver and two bronze medals. Retton was stopped on May 17, 2025, in her hometown of Fairmont, West Virginia, allegedly with a container of wine in the passenger seat of her Porsche, and charged with driving under the influence, before being released on a personal recognizance bond. Read on for more criminal law news.

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New Research on Juvenile Interventions and Reoffending

I recently had the opportunity to watch a webinar on the latest research about how protective factors and strength-based services impact reoffending among justice-involved youth. The webinar focused on the second brief (Impacts on Long-Term Youth Reoffending) from the Youth Protective Factors Study (hereinafter the Study). The Study offers interesting findings related to the way risk and protective factors work (or, spoiler alert, don’t work) to reduce reoffending. This research can help practitioners focus limited resources on system responses and interventions most likely to promote public safety.

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News Roundup

On Wednesday, the Justice Department announced it is planning to drop investigations into nearly two dozen police departments accused of civil rights violations. These include departments in Memphis, TN, Pheonix, AZ, Oklahoma City, OK, Trenton, NJ, Mount Vernon, NY, and the Louisiana State Police. The Department also announced it will drop consent decrees setting requirements for police training and establishing outside monitoring reached after incidents of police violence in Minneapolis, MN and Louisville, KY. The head of the Department’s civil rights division, Harmeet K. Dhillon, said the Department is reviewing consent decrees and federal oversight arrangements in place with nearly a dozen other cities to determine if they should be abandoned as well. This is following an executive order signed last month directing Attorney General Pam Bondi to review all federal consent decrees and to “modify, rescind, or move to conclude” them within 60 days. Read on for more criminal law news.

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What Does it Mean for a Criminal Case if the Defendant is Legally Incompetent and Has a Court-Appointed Guardian?

Derek was twenty years old when he suffered a stroke. He lost and then subsequently regained his ability to speak and to perform simple tasks; however, he cannot manage important matters like his medical care and finances. Derek’s mom, Greta, successfully petitioned under G.S. Chapter 35A to have her son adjudicated incompetent and was appointed … Read more

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News Roundup

New data from the Centers for Disease Control and Prevention (CDC) indicates that drug overdose deaths in the U.S. declined significantly in 2024 as compared to 2023, reaching their lowest levels since 2019. Experts from the CDC state that increased funding from Congress has enhanced their ability to collect and analyze data, which in turn has allowed for more targeted and effective prevention efforts. Deaths from fentanyl fell by approximately 37%, while deaths from cocaine and psychostimulants also declined significantly. The declines were consistent across virtually all geographic regions.

Some experts attribute the changing trend to wider availability of the overdose-reversal drug naloxone as well as stepped-up treatment. Others contend the decline stems more from fewer people getting addicted in the first place.

Despite the encouraging news, drug overdoses remain the leading cause of death for individuals between the ages of 18 and 44.

Read on for more criminal law news.

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News Roundup

The Alabama Governor signed legislation on Tuesday, establishing a new shark alert system that warns beachgoers when a shark has bitten someone in the vicinity. The system will issue a public notice to cellphones along the Alabama coast when there’s been a shark attack nearby. The law, named the “Lulu Gribbin Shark Alert System Act,” was inspired by a teenager who was one of three people bitten by a shark during a string of attacks last year. She lost her left hand and a portion of her right leg in the attack.

The Alabama Department of Conservation and Natural Resources will create rules for the new alert system. Read on for more news.

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Double-Secret Post-Release Supervision

Post-release supervision has been mandatory for all felonies since 2011. But rarely if ever does anyone mention it when advising a defendant about a waiver of counsel or the consequences of a guilty plea. It’s not clearly statutorily required to do so. But the PRS is real, especially for crimes that require registration as a sex offender, where the term of supervised release is five years. G.S. 15A-1368.2(c). Is it a problem that it doesn’t get mentioned? Yes, according to a recent case from the Court of Appeals.

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When is Driving While License Revoked a Grossly Aggravating Factor?

There are six sentencing levels for Driving While Impaired (DWI) convictions. A defendant is only exposed to the three most severe levels (A1, 1, and 2) if a judge or jury finds the existence of one or more “grossly aggravating factors” beyond a reasonable doubt. These factors are listed in G.S. 20-179(c). One of them is “[d]riving by the defendant at the time of the offense while the defendant’s driver’s license was revoked pursuant to G.S. 20‑28(a1).” Rather than applying to all revocations, G.S. 20-28(a1) applies when person’s license is revoked for an “impaired driving revocation.”  At first glance, it appears any time a person is convicted of DWI, if their license was revoked for an impaired driving revocation, this grossly aggravating factor would apply and elevate their sentencing exposure—but that may not be the case. Read on for more.

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The Use of Minors as Confidential Informants

Serving as a confidential informant can be dangerous, whether the informant is an adult or underage. As to minors working as informants, the International Association of Chiefs of Police recounts a cautionary tale:

In 1998, police in California arrested [17-year-old Chad] MacDonald on drug charges. He agreed to act as a CI, wearing a recording device during at least one drug buy and providing police with information about local drug trafficking. A short time later, he was found dead in an alley, apparently tortured and strangled, and his girlfriend was found raped and shot to death in a canyon. MacDonald’s death was believed to have been the result of his association with law enforcement as a CI.

Bearing these risks in mind, is it lawful for police to use minors as confidential informants? Is it a good idea? This post explores the topic.

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