North Carolina Criminal Law Blog

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.

Chief Justice Cheri Beasley entered an order last Thursday, April 2, 2020, imposing emergency directives that were immediately effective and that affect criminal cases.

Legal authority. The Chief Justice’s order was entered pursuant to G.S. 7A-39(b)(2), which permits the Chief Justice, after determining or declaring that catastrophic conditions exist in one or more counties of the state, to issue emergency directives necessary to ensure the continuing operation of essential trial or appellate court functions. Such directives are effective notwithstanding any other provision of law.

As WLOS reports, a man who fired shots at a law enforcement officer in downtown Asheville on Tuesday morning was shot and killed by deputies who were at the Buncombe County Courthouse and responded to the nearby scene.  Shane Tilman Kent was killed after shooting a 9mm handgun from inside a parked vehicle near the courthouse.  One sheriff’s office lieutenant involved in the incident sustained injuries to his arm, either from a bullet or broken glass from the car Kent was in when he was shot.  The SBI now is assisting in the investigation.  Keep reading for more news.

Again this week the coronavirus pandemic was the dominant news story across the nation, with many communities around North Carolina issuing stay at home orders directing residents to avoid leaving their homes except for essential activities.  We continue to be grateful for the efforts of North Carolinians on the front lines of the pandemic – healthcare providers, emergency responders, law enforcement, state and local government officials and employees, and those who work in essential businesses.  Keep reading for more news.

We have produced a variety of reports providing criminal justice stakeholders with key metrics to help them understand and evaluate their local criminal justice systems. Among other things, we have produced statewide and county level data on use of citations by law enforcement officers, use of summonses and warrants by magistrates, imposition of different types of conditions of pretrial release, and local jail occupancy numbers. In this report, we provide statewide and county level information on number of criminal charges, charged defendants, and criminal cases. As with our other reports, we make no judgment about the data presented; our goal simply is to provide data to inform stakeholders. Our full spreadsheet of results (here) has three main tabs showing data for (1) all offenses; (2) felonies; and (3) misdemeanors. Two additional tabs break down misdemeanor offenses into non-traffic misdemeanors and traffic misdemeanors. Each tab presents the following information at the state and county level:

• Total charged offenses
• Charged offenses per 100,000 population
• Total charged defendants
• Total charged cases
• Changes in these data points, from 2018 to 2019

As we all come to terms with the new reality of social distancing and a global pandemic, the potential health risks for youth and staff in secure custody settings is cause for concern. Staff in a New York City juvenile detention center have already tested positive for COVID-19. The North Carolina Department of Public Safety has suspended visitation and volunteer activities at all juvenile justice facilities. Currently legal visits for juveniles in secure custody are still allowed. These heightened concerns about secure confinement of youth raise questions about whether and how ongoing secure custody hearings can happen in our current environment and what alternatives exist to both preserve public safety and prevent use of the congregate juvenile detention setting as much as possible.  This blog will discuss when hearings on continued secure custody must be held, even in light of the emergency directive; important considerations if those hearings are conducted remotely; and the range of release options available to the court.

The Governor issued Executive Order No. 119 on Friday, which orders the closure of many Division of Motor Vehicles (DMV) Driver License Offices, the postponement of certain DMV hearings, and the suspension of road tests for newly licensed drivers. Today, the Governor issued Executive Order No. 120, which prohibits mass gatherings of more than 50 people, orders the closure of entertainment facilities and personal care and grooming businesses, and extends the closure of public schools through May 15, 2020.