Latest posts in category Uncategorized on North Carolina Criminal Law Blog

Yesterday was the one-year anniversary of the shooting at a Republican congressional baseball practice that wounded five people, including House Majority Whip Steve Scalise who remained in critical condition for months before returning to Congress.  This year’s game was held last night at National’s Park, with Scalise starting at second base.  As noted in this report from Washington news outlet NBC 4, there have been many high-profile mass shootings in the year that has passed since the attack and national opinion on gun legislation remains divided.  Keep reading for more news. 

As the News Roundup previously has noted, former Buncombe County Manager Wanda Greene is facing federal fraud and embezzlement charges related to allegations that she misused county funds for personal purposes.  The Asheville Citizen-Times reported that Greene’s criminal exposure increased significantly this week with the filing of a new 23-count indictment charging her with various additional frauds and money laundering.  Keep reading for more information about the case and other news.

Film producer Harvey Weinstein was indicted this week in Manhattan on charges of rape and a criminal sexual act.  The indictments relate to incidents that occurred in 2004 and 2013 involving two women who have not been identified.  Weinstein currently is free on $1 million cash bail, and has surrendered his passport and is wearing an electronic monitoring device.  Weinstein’s attorney said that he plans to enter a plea of not guilty and expects an acquittal if the case goes to trial.  Dozens of women have accused Weinstein of sexual misconduct, and the allegations against him were the genesis of the broad and ongoing #MeToo movement against sexual assault and harassment.  Keep reading for more news.

An officer sees a motorcycle that he has probable cause to believe is stolen parked in the suspect’s driveway. The motorcycle is partially covered by a tarpaulin. May the officer lawfully walk into the driveway without the permission of the suspect or any other resident and lift the tarp to read the license plate and VIN number on the motorcycle?

Late last week a familiar national tragedy played out in Santa Fe, Texas, where a teenager, Dimitrios Pagourtzis, went to his high school armed with a shotgun and a pistol and killed ten people, many of them fellow students.  Pagourtzis was taken into custody and charged with ten counts of murder and various other offenses.  Most of the details will sound numbingly familiar: Pagourtzis kept to himself; his father owned the weapons legally; the school was prepared; Democrats called for gun control; Republicans called for more effective security measures and mental health services; American students are afraid to go to school.  Keep reading for more news.

Michigan State University reached a $500 million settlement this week with the hundreds of women that Larry Nassar sexually abused under the guide of medical treatment while working in the gymnastics community.  The New York Times says that the settlement is the largest ever in a sexual abuse case involving an American university.  Lawsuits against U.S.A. Gymnastics, the U.S. Olympic Committee, and other organizations still are pending.  Nassar worked at Michigan State for 20 years, and some of his victims have said that the university ignored complaints about his behavior dating back to at least the late 90’s.  Keep reading for more news.

On Monday, the New Yorker reported that four women have accused New York Attorney General Eric Schneiderman of inflicting physical violence and other abuse upon them in the context of romantic relationships.  The allegations have received significant national attention, in part because Schneiderman has presented himself publicly as a staunch supporter of the #MeToo movement against sexual harassment and abuse.  Schneiderman issued a statement contesting the allegations, but resigned from office within hours of the story’s publication; he is now under criminal investigation.  Keep reading for more news.

Yesterday I went to Lillington to teach a class for the inmates in the North Carolina prison system’s Sex Offender Accountability and Responsibility (SOAR) program. I’d like to share a little bit about what I taught—and what I learned.

May a law enforcement officer submit an application for an investigative order to a judicial official, or does that constitute the unauthorized practice of law? The answer depends on the type of order sought, as a letter of caution issued last week by the State Bar’s Authorized Practice Committee reveals.

Late last week a Pennsylvania jury convicted Bill Cosby of three counts of sexually assaulting Andrea Constand in 2004.  A prior trial involving the same offenses ended in a deadlocked jury mistrial.  Cosby faces up to 30 years in prison, but news reports suggest that he is unlikely to receive the maximum sentence.  Cosby has faced years of accusations that he had a regular practice of drugging and sexually assaulting women.  Keep reading for more news.