Latest posts in category Uncategorized on North Carolina Criminal Law Blog

As WRAL reports, McCrae Dowless was charged with several felonies this week related to his alleged involvement in the Bladen County absentee ballot saga that has made North Carolina’s 9th Congressional District race a subject of national interest.  Dowless was arrested on Wednesday and charged with obstruction of justice, conspiracy to commit obstruction of justice, and illegal possession of an absentee ballot.  Four other people also were charged for their alleged involvement in the scheme.  Wake County District Attorney Lorrin Freeman said that the investigation is ongoing and that additional charges may be forthcoming.  Last week, the State Board of Elections decided that a new election would be held for the congressional seat, and a date for that contest is expected to be announced on Monday.  Keep reading for more news.

In a series of posts I’ve been discussing bail reform, including highlighting pilot programs underway in North Carolina. In 2018, I worked with stakeholders in North Carolina’s Judicial District 30B (Haywood and Jackson counties) to help them identify and implement a basket of pretrial reforms. One of the implemented reforms is a new decisionmaking framework for determining conditions of pretrial release. Key features of the framework include:

• An easily implemented, stakeholder-created tool to quickly identify low-risk defendants who immediately can be released on non-financial conditions.
• A requirement that decisionmakers follow the statutory mandate and impose non-financial conditions unless they determine that such release will not reasonably assure appearance; will pose a danger of injury to any person; or is likely to result in the destruction of evidence, subornation of perjury, or intimidation of witnesses.
• Recommended maximum bond amounts for secured bonds and the requirement that ability to pay be considered in connection with imposition of that form of release.

North Carolina now sits ten months away from implementation of the Juvenile Justice Reinvestment Act (JJRA), widely referred to as “Raise the Age.” I had the opportunity to attend a summit hosted by Justice Initiatives in Charlotte last week focused on readiness for raise the age implementation. The recent report from the Juvenile Jurisdiction Advisory Committee (JJAC) is full of information about what still needs to be done for optimal implementation. The recommendations contain two major themes: provide legislative fixes to avoid unintended consequences and fully fund the new system.

There were hearings this week before the State Board of Elections regarding the 9th Congressional District race involving alleged absentee ballot fraud.  At least one person, Lisa Britt, admitted that she collected dozens of absentee ballots and forged or backdated signatures on the ballots.  Candidate Mark Harris’s son John Harris, an Assistant U.S. Attorney for the Eastern District of North Carolina, testified that he warned his father that he believed that McCrae Dowless may have been engaging in illegal activity in connection with absentee ballots.  Wake County District Attorney Lorrin Freeman, whose office is involved in the Bladen County investigation in order to avoid potential conflicts of interest from the local DA’s office, said that none of the people testifying before the State Board of Elections has an immunity deal in the parallel criminal investigation.  Keep reading for more news.

The National Center for State Courts recently published an Ignition Interlock Report reviewing the latest research on ignition interlock programs. Two of the studies cited reported efficacy rates striking enough to attract the attention of any policy wonk interested in highway safety.

In my last post, I discussed some of the reasons why stakeholders are interested in bail reform. In this one I explore some of the changes that are being implemented and evaluated.

Governor Roy Cooper announced this week that he will appoint North Carolina Supreme Court Associate Justice Cheri Beasley to replace Mark Martin as Chief Justice when he steps down from the bench later this month.  She will be the first black woman to serve as Chief Justice in North Carolina.  Beasley has been on the Supreme Court since 2012, and prior to joining the court she served on the North Carolina Court of Appeals and as a District Court Judge in Cumberland County.  Cooper will appoint another person to Beasley’s current seat at some point in the future.  Keep reading for more news.

As the News & Observer and the Charlotte Observer report, dozens of people across North Carolina have been arrested this week by federal Immigrations and Customs Enforcement officers.  In Sanford, 27 people were arrested in a raid of Bear Creek Arsenal, a firearms manufacturer.  Lee County Sheriff Tracy Carter said that the investigation at Bear Creek was focused on identity theft and fraud.  A few hours after the Sanford raid, undercover ICE agents arrested several people in a series of traffic stops in Charlotte.  ICE spokespersons said that the incidents were not part of a coordinated effort.  At the end of last year, ICE said that it planned to increase its presence in the Raleigh area in response to Wake Sheriff Gerald Baker’s decision to end the county’s cooperation with ICE detainer requests.

In self-defense cases, the defendant typically claims that the “victim” was actually the assailant and that the defendant needed to use force to defend himself, family, home, or other interests. Because of this role reversal, the rules of evidence allow the defendant to offer evidence to show that the victim was the assailant or at least that the defendant reasonably believed that the victim intended to do harm. In State v. Bass, ___ N.C. ___, 819 S.E.2d 322 (2018), the North Carolina Supreme Court clarified one form of evidence that a defendant may not offer about the victim in a self-defense case. This post reviews the evidence found impermissible in Bass as well as several types of evidence that remain permissible.

In recent years my work at the School has shifted to focus on criminal justice policy. As I work in this area, several issues keep percolating up and capturing interest from a wide swath of judicial system stakeholders. Two such issues pertain to the “front end” of the justice system: overcriminalization and bail reform; two pertain to the “back end” of the system: fines and fees and the criminal record and collateral consequences. Of course, these issues aren’t just of interest in North Carolina—they are grabbing attention across the nation. I’m thus delighted to have the opportunity to explore all four of them at North Carolina’s first Criminal Justice Summit. At the Summit national and state experts with broad-ranging ideological perspectives will discuss these four issues, exploring how they impact justice, public safety and economic prosperity in North Carolina, and whether there is common ground to address them.