Latest posts in category Uncategorized on North Carolina Criminal Law Blog

Last month I blogged about the one type of delinquency hearing for which remote proceedings are expressly authorized in statute—hearings on continued custody. This blog analyzes the legal and practical considerations for holding other types of delinquency proceedings through the use of audio and video technology. It will provide an overview of the authority to hold other delinquency proceedings remotely, discuss special considerations related to delinquency proceedings, and address what it all means for first appearances, probable cause hearings, transfer hearings, adjudication hearings, and dispositional hearings.

Local jails are an important part of the state’s criminal justice system. Jails house, among others, individuals held pretrial, serving sentences, and held for federal and other authorities. In this report and in the accompanying spreadsheet (here), we provide information about North Carolina jail occupancy rates. Among other things, we find that:

• 40.6% of counties[1] exceeded in-county jail capacity for at least one month in 2019; and
• 56.3% of counties exceeded 90% of in-county jail capacity for at least one month in 2019.

Our report relies on information reported to state authorities. Specifically, the North Carolina Administrative Code requires the sheriff or the administrator of a regional jail to submit a monthly report to the Jail and Detention Section of DHHS’ Division of Health Service Regulation.[2] Police chiefs likewise are required to report monthly on the occupancy of municipal lockups.[3] According to DHHS, those required to report do not include a count of inmates housed in other counties; rather they count only individuals physically present in the facility.[4] A jail that is housing individuals for another county would include those persons in its count.[5] We obtained a compilation of reported data from DHSS and it serves as the basis for this report.

The Charlotte Observer reported this week that a majority of the inmates at Neuse Correctional Institution in Goldsboro and at least eight staff members at the facility have tested positive for the novel coronavirus.  With more than 450 inmates testing positive, the Observer report says that the outbreak at Neuse is among the largest of any prison in the nation.  Keep reading for more on this story and other news.

This post summarizes an opinion issued by the Supreme Court of the United States on April 20, 2020, and opinions issued by the Court of Appeals of North Carolina on April 21, 2020.

After former Chief Justice Mark Martin’s North Carolina Commission on the Administration of Law and Justice issued its final report recommending that North Carolina embark on bail reform pilot projects, North Carolina Judicial District 30B launched the first such project. Judicial District 30B consists of two rural counties in Western North Carolina: Haywood and Jackson. Among other things, the district is not served by a public defender, has no pretrial services, and in one of the counties caseloads are such that District Court is not held daily. The collaborative pilot project was led by Senior Resident Superior Court Judge Bradley Letts and involved a broad range of stakeholders including the District Attorney, local defense lawyers, District Court judges, magistrates, clerks of court, police chiefs, representatives from the Sheriffs’ departments, and more.

Last month, the NC Judicial College offered our first criminal legal update via Zoom. Many of you tuned in and said you liked it. So we followed up two weeks later with another. Some of you have said we should make this a thing. We’re not ready to say this is forever just yet, but we like the way things are going. So please join us again this Friday for our third Zoom update in the time of COVID-19. And we will commit right now to offering another criminal legal update on Friday, May 8. Here are the details for joining us this week:

As ABC 11 reports, four inmates at Butner Correctional Institution have died in recent days from COVID-19.  Over last weekend, Charles Richard Rootes, Gary Edward Nixon, and Andre Williams died from complications caused by the virus.  On Monday, another inmate died but his name had not been released publicly at the time of writing.  All of the Butner inmates were being treated in hospitals when they passed away.  On Thursday, the Federal Bureau of Prisons reported that 66 inmates and 25 staff members at the prison had tested positive for the virus.

Because of the state holiday on Friday, there will not be a News Roundup this week but we have a job announcement that may interest blog readers. The School of […]

This post summarizes published criminal decisions from the North Carolina Court of Appeals decided on April 7, 2020.

This post summarizes the published criminal cases from the North Carolina Supreme Court issued on April 3, 2020, and two decisions from the United States Supreme Court issued on April 6 and March 23, 2020.

Thanks to John Rubin and Chris Tyner for preparing the U.S. Supreme Court summaries.