Articles in the Uncategorized category - Page 73 of 153

This week North Carolina was in the national news after Governor Roy Cooper vetoed a bill that would have required sheriffs to cooperate with U.S. Immigration and Customs Enforcement detainer requests.  The bill included a provision that would have made a sheriff’s refusal to cooperate with ICE a basis for removing the sheriff from office.  Several sheriffs around the state, including those in Buncombe, Mecklenburg, and Wake counties, have a policy of not honoring ICE detainer requests.  As this Charlotte Observer report indicates, political controversy over the legislation continues following the veto, with Cooper saying that it uses “fear to divide North Carolinians” and Republican lawmakers saying that Cooper irresponsibly vetoed a common sense bill.  Keep reading for more news.

This post provides summaries of the opinions of the North Carolina Court of Appeals published on August 20, 2019.

This post provides summaries of the opinions of the Supreme Court of North Carolina published on August 16, 2019.

In a dramatic development in an already dramatic case, Jeffrey Epstein was found dead over the weekend of apparent suicide in the Manhattan jail where he was being detained prior to trial on sex trafficking charges.  Epstein’s death has generated a tremendous amount of news, ranging from criticism of his supervision to conspiratorial speculation about whether he was murdered.  It is being reported that two guards at his unit, one of whom wasn’t even a fully credentialed correctional officer, fell asleep and didn’t check on Epstein for several hours prior to his death.  They later falsified records to cover up that lapse.  Attorney General William Barr has ordered the Justice Department’s inspector general to investigate Epstein death.  Keep reading for more news. 

The Winston-Salem Journal reports that nearly 150 people attended a candlelight vigil this week in honor of Julius Randolph Sampson Jr., who was shot and killed Tuesday at Hanes Mall in Winston-Salem where he worked.  Sampson’s shooting death has attracted significant attention in Winston, as there is some indication that Sampson and the suspect in the shooting, Robert Anthony Granato, exchanged racial epithets during the incident, prompting questions from some about whether race was a motivating factor in the shooting.  Winston-Salem Police Chief Catrina Thompson said in a news conference on Wednesday that investigators have not uncovered evidence suggesting that the shooting was racially motivated.  The North Carolina NAACP has called for a full investigation into whether race was a factor in the shooting.  Keep reading for more news.

A light went out on the halls of justice over the weekend. And we are mourning.

Continuing our new practice of posting North Carolina appellate court case summaries to the blog, this post provides summaries of the North Carolina Court of Appeals opinions published on August 6, 2019.

Several people were charged with crimes this week in connection with the alleged absentee ballot fraud scheme that launched North Carolina’s 9th Congressional District race into the national political spotlight earlier this year.  According to the News & Observer, McCrae Dowless was charged with two counts of obstruction of justice and one count each of conspiracy to obstruct justice, illegal possession of an absentee ballot, perjury, and solicitation to commit perjury.  Five other people were indicted on related charges.  Wake County District Attorney Lorrin Freeman said the investigation was ongoing and that it was premature to say whether any additional charges would be filed.  Keep reading for more news.

On Wednesday, Special Counsel Robert Mueller spent seven hours testifying to the House Judiciary and Intelligence committees about his investigation into Russian interference in the 2016 presidential election.  Though his testimony was highly anticipated and widely covered by the media, Mueller largely reiterated the substance of the report he delivered earlier this year – saying that it was clear that Russia did interfere in the election but that there was not sufficient evidence that any member of the Trump Campaign conspired in that effort, and that his office did not reach a conclusion about whether President Trump obstructed justice during the investigation.  Keep reading for more news.

Have you ever been deeply enmeshed in a project, thought it was done, and when you returned with fresh eyes realized that you missed something important? That has happened for me when, for example, I painted the walls of my son’s bedroom only to walk in the next day with fresh eyes and realize that I should have painted the trim as well. And then it happened again as I was working on a chapter in the forthcoming Juvenile Justice Reinvestment Act Implementation Guide and realized that there is an amendment contained in the Juvenile Justice Reinvestment Act (JJRA), that will take effect on December 1, 2019, that changes one piece of the recently released Juvenile Law Bulletin, Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work?. The change limits the court’s authority to order DSS custody as a component of a delinquency disposition, allowing this disposition only for juveniles under the age of 18. This limiting language creates a clear age boundary for an initial order of disposition to DSS custody in a delinquency case. However, questions remain regarding the capacity for a juvenile to remain in DSS custody pursuant to a delinquency dispositional order after turning 18.