Latest posts in category Uncategorized on North Carolina Criminal Law Blog

The School of Government and the North Carolina Judicial College are pleased to announce our second annual CLE event. Reviews from last year’s event were extremely positive so we’re doing […]

Last week the North Carolina State Bar was the target of a ransomware attack, a type cyberattack where the attacker gains control of a computer system and demands a ransom in exchange for relinquishing control of the system.  As the State Bar explained in a statement late last week, the attack began as an infiltration of a single server and quickly spread to other servers, encrypting systems running on the servers as it went.  It appears that personally identifiable information was not compromised by the ransomware, but the State Bar website and its membership and CLE portals were disabled.  As of Tuesday, the website was back up and limited access to the portals was restored, though any changes made to the membership and CLE databases from September 24 through September 30 were lost.  Keep reading for more news.

This post summarizes published decisions from the Fourth Circuit of interest to state practitioners from September, 2019.

As WRAL reports, former state congressman and state Republican Party chairman Robin Hayes pleaded guilty in federal court this week to lying to the FBI during a bribery investigation involving political donor Greg Lindberg.  Hayes was accused of helping Lindberg, who also has been indicted along with two associates, attempt to bribe North Carolina Insurance Commissioner Mike Causey for favorable treatment of Lindberg’s insurance businesses.  Causey reported the scheme and worked with federal authorities during the investigation. Conspiracy and bribery charges, as well as additional charges of lying to the FBI, were dismissed as part of a plea deal that requires Hayes to cooperate with the government in related prosecutions.  Keep reading for more news.

Five years ago, the UNC School of Government published a unique manual, Raising Issues of Race in North Carolina Criminal Cases, as part of our Defender Manual Series. Supported by a grant from the Z Smith Reynolds Foundation, the manual examines how issues of race and bias can improperly influence criminal processes and outcomes, and it suggests strategies for lawyers to consider when addressing these issues. I coauthored the manual with former Defender Educator Alyson A. Grine, Professor John Rubin edited it, and a stellar volunteer advisory board, including James Williams, Tye Hunter, Rich Rosen, Mary Pollard, and Breana Smith, provided guidance during the creation of the manual.

This post provides summaries of the published criminal opinions issued by the North Carolina Supreme Court on September 27, 2019, and the North Carolina Court of Appeals on October 1, 2019.

The North Carolina Department of Public Safety announced this week that it will temporarily suspend operations at three prisons to alleviate high staff vacancy rates and enhance safety and security in the state prison system.  The announcement says that the statewide average correctional officer vacancy rate in August was 21% and that “[t]his level of staffing impacts operations . . . [and] negatively impact[s] the delivery of offender programs.”  Operations will be suspended at Hoke Correctional Institution, Tyrrell Prison Work Farm, and Odom Correctional Institution.  Employees at those prisons will be redeployed to nearby facilities.  The News Roundup previously has noted that understaffing has been a problem at certain North Carolina prisons in recent years and may have been a factor in a deadly escape attempt at Pasquotank Correctional Institution in 2017.  Keep reading for more news.

The federal government wants judges to know more about masking. What is it, and what do judges need to know?

Believe it or not, there is new juvenile delinquency law to wrap your head around other than the Juvenile Jurisdiction Reinvestment Act, which will raise the age of juvenile court jurisdiction as of December 1, 2019. The 2019 legislative session resulted in several new laws related to juvenile delinquency cases that

• change the capacity to access teen court,
• establish new rules regarding photographing of some juveniles at the time of a show-up,
• create parental access to counsel in the context of Department of Social Services (DSS) placements as delinquency and undisciplined dispositions,
• establish new information sharing capacity between attorneys representing juveniles in child welfare and juvenile justice matters, and
• ease requirements for victims of human trafficking to access a juvenile expunction.

There is also an entirely new Article added to Chapter 7B of the General Statutes devoted to the rights of victims of delinquent acts. I will provide an overview of the delinquency-related provisions of the newly enacted legislation below. You can also access a bulleted summary of the 2019 enacted delinquency legislation on the juvenile law microsite. Several of these new statutes touch on other areas of law, such as child welfare and criminal procedure. Those provisions are outside the scope of this blog post and the bulleted summary.

The former UNC Charlotte student who attacked a classroom on the school’s campus earlier this year, killing two people and wounding four others, pleaded guilty to murder in Mecklenburg Superior Court yesterday.  The Charlotte Observer reports that as part of a plea agreement Trystan Andrew Terrell received two consecutive life sentences for killing Reed Parlier and Riley Howell; he also was sentenced on other charges not detailed in the report.  Keep reading for more on this story and other news.