Uncategorized Archives – Page 61 of 311 – North Carolina Criminal Law

October 15 Omnibus Order Amends and Extends Emergency Directives

November 25, 2020October 19, 2020 Shea Denning

Update: These directives were renewed by an order entered November 16, 2020. They now expire December 14, 2020.

Chief Justice Cheri Beasley entered an omnibus order on Thursday, October 15, 2020 extending emergency directives issued in response to the public health threat posed by COVID-19, which otherwise would have expired on that date. The order extends Emergency Directives 2-5, 8-15, 18, and 20-22. It also modifies directives 2, 10, 21, and 22. These directives (discussed in further detail below) now expire November 14, 2020.

Hot off the Press! 2020 Cumulative Supplement to Arrest, Search, and Investigation Now Available

October 19, 2020October 19, 2020 Shea Denning

The 2020 Cumulative Supplement to Arrest, Search, and Investigation in North Carolina, written by Robert L. Farb and Christopher Tyner, is now available for purchase. The supplement updates Arrest, Search, and Investigation (5th edition 2016). The 2016 book and 2020 supplement may be purchased as a bundle here. The supplement is current through July 1, … Read more

News Roundup

October 16, 2020 Christopher Tyner

The Senate Judiciary Committee held four days of hearings this week on President Trump’s nomination of Amy Coney Barrett to the U.S. Supreme Court. The committee is expected to approve her nomination along party lines and has scheduled that vote for October 22. Barrett currently serves on the U.S. Court of Appeals for the 7th Circuit and clerked for Justice Antonin Scalia in the late 1990’s. Prior to becoming a federal judge, Barrett spent 15 years as a law professor at Notre Dame. She noted in her opening statement that if confirmed she would be the only sitting Justice who didn’t attend Harvard or Yale. Keep reading for more news.

Armed to the Terror… Off-Road?

October 19, 2020October 13, 2020 Jonathan Holbrook

Some of my recent posts have addressed weapon offenses at demonstrations and other public events, and I also wrote recently about the issue of dicta in a court opinion being treated as binding precedent. Those two topics converged in an interesting way during a training seminar yesterday for magistrates.

We were discussing one of the most well-known offenses in this area, Going Armed to Terror of the People, when this question came up: is it really limited to offenses that occur “on a public highway,” or can it apply in other public places like parks, bus stations, and government buildings? If not, why not? Especially since other breach of the peace offenses like affray or disorderly conduct apply more broadly to any “public place?”

Charging practices seem to differ on this point around the state, and there is some room for debate depending on how far back we go in the case law, so I thought it warranted a closer look.

News Roundup

October 9, 2020 Christopher Tyner

Yesterday afternoon, federal and state officials announced that 13 men had been arrested and charged with various criminal offenses arising from plots to kidnap Michigan Governor Gretchen Whitmer, kill law enforcement officers, and attack the Michigan State Capitol in Lansing. Many of those arrested were affiliated with a group known as the Wolverine Watchmen that has been described as an extremist private militia. Six men are facing federal kidnapping conspiracy charges and six others have been charged with a Michigan state terrorism offense. The federal criminal complaint is available here. Keep reading for more news.

Case Summaries – N.C. Court of Appeals (Oct. 6, 2020)

October 8, 2020October 8, 2020 Phil Dixon

This post summarizes published criminal opinions by the North Carolina Court of Appeals released on October 6, 2020.

News Roundup

October 2, 2020 Christopher Tyner

WLOS reported this week that the Macon County Sheriff’s Office has been identified as a COVID-19 cluster after multiple employees tested positive for the virus. In a statement posted to Facebook, the department said that cases in the department ranged from mild to severe. Public access to the sheriff’s office will be restricted over the next few weeks but the department will continue to provide its regular services. Keep reading for more news.

Case Summaries — N.C. Supreme Court (September 25, 2020)

October 1, 2020 Christopher Tyner

This post summarizes opinions issued by the North Carolina Supreme Court on September 25, 2020.

News Roundup

September 25, 2020 Christopher Tyner

U.S. Supreme Court Justice Ruth Bader Ginsburg died last Friday at her home in Washington at age 87. Ginsburg served on the Court for 27 years after being nominated by President Bill Clinton in 1993. She previously held a seat on the D.C. Circuit. Ginsburg spent much of her career litigating gender equality cases, cofounding the Women’s Rights Project at the ACLU in the early 1970s. More recently she had become a cultural icon, widely known for her strenuous workouts and “Notorious R.B.G.” nickname. Ginsburg famously was close friends with the late Justice Antonin Scalia. At a ceremony this week, Chief Justice John Roberts described her as “tough, brave, a fighter, a winner” and added that she was “thoughtful, careful, compassionate, and honest.” Ginsburg will lie in state in the United States Capitol today, the first woman to receive that honor. Keep reading for more news.

Pills, Edibles, and Drug Mixtures in North Carolina: The Medium Matters

September 24, 2020September 24, 2020 Phil Dixon

I recently taught on the basics of drug law in North Carolina and was reminded just what a tricky area it can be. Chapter 90 of the N.C. General Statutes is a dense, complex, and ever-evolving set of laws proscribing controlled substances. There are many substances, offenses, enhancements, and sentencing rules to know, as well as evidence issues and offense-specific case law. One thorny area involves the law of drug mixtures. While practitioners handling felony drug cases may be aware of the rules here, they may come as a surprise to others. Some applications of the law in this area can produce unexpected results for the unwary defendant. Today’s post examines the rules of drug mixtures and their implications in North Carolina.