North Carolina Criminal Law Blog

Like everyone else, our work at the School of Government has been altered by the COVID-19 pandemic. We have written, and will continue to write, about executive orders from the Governor, directives from the Chief Justice, and other pandemic-related issues. But, like many of you, our regular nonpandemic-related work continues. The appellate courts continue to decide cases, and questions about how those cases apply to ongoing litigation still arise.

We usually discuss recent case law with criminal law practitioners at conferences held around the state. Right now, those aren’t happening. For those of you who are craving a bit of the regular fare, we are offering a special Friday feature. Jamie Markham, Jonathan Holbrook, and I will host an online forum this Friday, March 27, 2020, at 1 p.m. to talk about recent criminal law decisions by our appellate courts. Read on for instructions on how you can tune in to our hour-long program.

The novel coronavirus pandemic has drastically altered the lives of all Americans in the space of just a week.  Shea and Jamie blogged on Monday about limitations on court proceedings designed to minimize close interactions and the correctional system’s response to the crises.  Shea was back on the blog again on Thursday discussing recent limitations on the operation of bars and restaurants as well as an extension of certain court filing deadlines.  We appreciate the work of state and local officials, court system actors, and law enforcement and other emergency response agencies during this trying time.  Stay safe and keep reading for more news.

This post summarizes the published criminal cases from the North Carolina Court of Appeals issued on March 17, 2020.

On Friday, Chief Justice Cheri Beasley entered two emergency directives to reduce the spread of infection from COVID-19. On Saturday, Governor Roy Cooper entered an executive order prohibiting mass gatherings and ordering the statewide closure of public schools.

On Tuesday, an officer-involved shooting in Raleigh set off protests in the city that were fueled in part by social media postings in the immediate hours after the event.  A Raleigh police officer shot Javier Torres after responding to a 911 call reporting that a man was displaying a gun at a local strip mall.  Soon after the shooting, rumors posted on Facebook motivated protests in downtown Raleigh, at the police chief’s home, and at the governor’s mansion.  Keep reading for more on this story and other news.

This post summarizes a criminal case from the United States Supreme Court from March 3, 2020.

The News & Observer reports that this week a federal jury in Charlotte convicted Greg Lindberg of attempting to bribe State Insurance Commissioner Mike Causey to give favorable treatment to Lindberg’s insurance business.  As the News Roundup previously has noted, Lindberg was accused of working with Robin Hayes, the former chairman of the North Carolina Republican Party, to bribe Causey.  Lindberg has been one of the largest political donors in North Carolina in recent years.  Causey, who reported the attempted bribe to federal investigators, said in a statement following the conviction that it “show[ed[ that the Office of the Commissioner of Insurance is not for sale.”  Keep reading for more news.

This post summarizes cases from the North Carolina Court of Appeals from March 3, 2020.

This post summarizes cases from the North Carolina Supreme Court from February 28, 2020.

As the Associated Press reports, movie producer Harvey Weinstein was convicted by a jury in New York this week of rape and sexual assault offenses against two women.  The verdicts, accompanied by several acquittals on other offenses including on the most serious charges Weinstein faced – two counts of predatory sexual assault, came after five days of deliberation by a jury that indicated at times through notes to the presiding judge that it may deadlock on some counts.  Weinstein was detained in custody following the verdict and is scheduled to be sentenced early next month, where he faces up to 25 years of imprisonment on the sexual assault offense and up to four years on the rape offense.  Other sexual assault charges are pending against Weinstein in California.  Allegations that Weinstein had engaged in a years-long pattern of sexual abuse in his position as a powerful Hollywood producer were widely seen as a touchstone moment in #MeToo movement when they became public in 2017.  Keep reading for more news.