I have been asked a few times lately which conditions of probation are “intermediate” conditions of probation. It turns out to be a little bit complicated.
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All Related Charges Are Transferred When One Felony in a Delinquency Case Is Transferred
I continue to receive questions about transferring from juvenile to criminal superior court cases involving allegations that 16-and 17-year-olds have engaged in certain criminal conduct. Recently I’ve been asked about the transfer process for offenses committed at ages 16 and 17 in cases that involve a series of charges that include Class A – G felonies, Class H and I felonies, and misdemeanors. Because the Juvenile Code prescribes differing procedures for transferring various classes of felonies and there is no transfer process for misdemeanor offenses, confusion is understandable. The key to understanding how to handle these cases is this: Once one felony is transferred, all other related charges, regardless of offense class, are automatically brought under the jurisdiction of the superior court. Why?
2019 North Carolina Conditions of Release Report
We previously produced information about the prevalence of secured bonds at the state and county level. In this report we update that work with 2019 data and look at changes in the imposition of financial and non-financial conditions in North Carolina. A few key takeaways from our research:
News Roundup
Criminal justice issues continued to capture the national news spotlight this week. On Tuesday, President Donald Trump granted clemency to eleven people, including former Illinois Governor Rod Blagojevich and former San Francisco 49ers owner Edward DeBartolo Jr. On Thursday, amidst ongoing drama involving President Trump and the U.S. Department of Justice, Roger Stone was sentenced to 40 months in prison for convictions related to obstructing a congressional investigation. Keep reading for more on these stories and other news.
Case Summaries—Court of Appeals (2/18/2020)
Neither snow nor rain nor heat nor gloom of night stays the School of Government from swift completion of their case summaries. This post summarizes opinions issued by the North Carolina Court of Appeals on February 18, 2020. Everyone stay safe during this wintry weather.
Implementing State v. Rieger: The One-Set-of-Costs-Per-Sentencing-Episode Rule
In State v. Rieger, ___ N.C. App. ___, 833 S.E.2d 699 (2019), the Court of Appeals held that court costs should be assessed only once for all related charges that are adjudicated together. I wrote about the case here. Today’s post looks at how the appellate courts have applied Rieger since it was decided last October.
What Does It Take to Succeed on a Batson Claim in North Carolina?
A “peremptory strike” is a tool used by lawyers to exercise control over who is seated on a trial jury. When selecting a jury, attorneys may use peremptory strikes to remove a certain number of potential jurors for any reason at all, other than race and gender. Since lawyers typically do not have to explain the reasons behind their peremptory strikes, they “constitute a jury selection practice that permits those to discriminate who are of a mind to discriminate.” Batson v. Kentucky, 476 U.S. 79, 96 (1986), quoting Avery v. Georgia, 345 U.S. 559, 562 (1953). In the 1986 case of Batson v. Kentucky, the United States Supreme Court reaffirmed that peremptory strikes motivated by race violate the Equal Protection Clause; ever since then, challenges to racially motivated jury selection have been referred to as “Batson challenges.” Batson v. Kentucky, 476 U.S. 79 (1986). (For an excellent telling of James Batson’s story and the legacy of this decision, check out the More Perfect Podcast, Object Anyway.)
News Roundup
As the New York Times reports, the major criminal law news of the week was the sudden withdrawal of four federal prosecutors from Roger Stone’s criminal case after senior Justice Department officials intervened to recommend a sentence that was more lenient than what had been recommended by the prosecution team. Stone was convicted by a Washington, D.C., jury of seven criminal offenses late last year, including five counts of lying to congress, one count of witness tampering, and one count of obstruction. Keep reading for more news.
Motion to Remit Monetary Obligations
In today’s post I’m sharing two draft forms with which a defendant might gather information about his or her financial situation and, based on that situation, request relief from various monetary obligations, including costs, fines, and restitution.
Courtroom Interpreter: Need vs. Want
As Prof. Shea Denning mentioned in her post yesterday, the School of Government and the Conference of District Attorneys jointly presented the Practical Skills for New Prosecutors course last week. In addition to covering relevant criminal law and ethical rules, the program also addressed the nuts and bolts of running a courtroom and moving the docket — complex tasks that present unique challenges of their own.
One issue from the mechanics and procedure realm that caught my attention was a point that came up during the session on courtroom interpreters and other language services. In the hectic and fast-paced world of district court, how should attorneys and the court respond to a person who says that he or she does not want an interpreter, but there is reason to believe that the person may actually need one? Conversely, what about when someone asks for an interpreter, but he or she seems able to communicate adequately without one? What are the standards and guidelines for deciding if an interpreter is required?