Latest posts in category Uncategorized on North Carolina Criminal Law Blog

I have long thought of the exigent circumstances doctrine as an exception to the warrant requirement – it allows a search to be conducted when probable cause is present but it is impractical for officers to take the time to obtain a search warrant. That understanding was shaken when I read Phil Dixon’s summary of United States v. Curry, 937 F.3d 363 (4^th Cir. 2019). The majority in Curry ruled that exigent circumstances allowed officers to search several men without probable cause or even reasonable suspicion because they were walking away from an area where shots had just been fired. In other words, the court took the position that exigent circumstances excused not only the lack of a warrant, but also the lack of individualized suspicion. Have I been mistaken all these years?

This week the ACLU of North Carolina and North Carolina Prisoner Legal Services filed a class action lawsuit in state court arguing that solitary confinement practices used in the state’s prisons constitute cruel and unusual punishment in violation of the state constitution.  In the suit, the plaintiffs say that people in solitary confinement “face substantial risks of serious psychological and physiological harm” and ask for a court order ceasing current practices and directing the formulation of new ones that comply with the constitution.  Two of the named plaintiff inmates each have been in solitary confinement for more than 10 years; about 3,000 inmates were in solitary confinement at the end of July of this year.  The News Roundup previously has noted that the Department of Public Safety has been investigating ways to reduce the use of solitary confinement.  Keep reading for more news.

This post summarizes published criminal decisions (and two other decisions of note) from the North Carolina Court of Appeals decided on October 15, 2019.

In legislation that may have escaped the notice of some criminal law practitioners, the North Carolina General Assembly enacted significant reforms this year to the state’s occupational licensing laws. The reforms, which apply to applications for licensure submitted on or after October 1, 2019, significantly lessen legal barriers to obtaining an occupational license for people with a criminal conviction. The legislation, S.L. 2019-91 (H 770), received bipartisan support, passing both chambers unanimously.

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.