Uncategorized Archives – Page 80 of 310 – North Carolina Criminal Law

CLE at the School of Government

October 14, 2019 Jeff Welty

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 it again! It’s an event for everyone, with outstanding teachers addressing topics selected to be of interest to anyone practicing law. The event will offer … Read more

News Roundup

October 11, 2019 Christopher Tyner

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.

Assess Court Costs Once for All Related Charges Adjudicated Together

October 10, 2019 Jamie Markham

When a defendant has multiple charges adjudicated together in the same hearing or trial, and those charges arose from the same underlying event or transaction, the court should assess costs only once. That’s the new rule according to State v. Rieger, a case recently decided by the court of appeals.

Case Summaries–Fourth Circuit Decisions (Sept. 2019)

October 8, 2019 Phil Dixon

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

Trespass and Public Buildings

October 7, 2019 Jeff Welty

A person commits first-degree trespass when he or she “without authorization . . . enters or remains . . . in a building of another.” G.S. 14-159.12(a). But aren’t members of the public “authoriz[ed]” to enter public buildings? And given that public buildings belong to all of us, do they even count as buildings “of another”? In other words, is it possible to commit a trespass in a public building?

News Roundup

October 4, 2019 Christopher Tyner

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.

The Past, Present, and Future of the NC Racial Equity Network

October 3, 2019 Emily Coward

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.

Case Summaries: 9/27/19 and 10/1/19

October 2, 2019October 2, 2019 Jonathan Holbrook

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.

A Quarter-Century of Structured Sentencing

October 2, 2019October 1, 2019 Jamie Markham

The governor has proclaimed today, October 1, 2019, as Structured Sentencing Day. It has been 25 years since North Carolina’s primary sentencing law for felonies and misdemeanors came into effect. Let’s take a moment to reflect on a quarter-century of grid-based sentencing.

Comparing the Role Victims Play in Criminal Court: Mexico vs. North Carolina

September 30, 2019 Jeff Welty

Two years ago, I wrote about training prosecutors, forensic experts, and investigative police in Mexico. I’ve been back a couple of times since, including last week. Each time I learn something that makes me reflect on the workings of our own justice system. On my most recent trip, I learned more about the role of the victim in Mexico, and it got me thinking about the role of the victim in our criminal courts.