North Carolina Criminal Law Blog

On Monday morning, the FBI executed a series of search warrants at the home, office, and hotel room of Michael Cohen, a personal attorney for President Donald Trump and a former executive at the Trump Organization.  News reports say that the warrants were sought by the U.S. Attorney’s Office for the Southern District of New York based on a referral by the Office of Special Counsel, Robert Mueller, and that Cohen is under investigation for bank fraud, wire fraud, and campaign finance violations.  Keep reading for more news. 

Today’s post is a little bit different from our usual fare. It doesn’t analyze a recent case or answer a frequently asked question. Instead, it is a message from Mike […]

I was on a plane recently, listening to the usual safety briefing, when I heard the flight attendant say that “it is a violation of federal law” to ignore illuminated safety signs, such as the “fasten seat belt” sign. I was surprised because, on another flight, I had overheard a flight attendant tell a passenger who wanted to use the bathroom while the “fasten seat belt” sign was illuminated that she couldn’t authorize him to get out of his seat but that she wouldn’t stop him either. The sense I got from that previous exchange was that the sign was essentially a recommendation. So, I decided to look into it.

Wednesday was the 50^th anniversary of the assassination of Martin Luther King, Jr., and the country has celebrated his legacy this week while also reflecting on our national obligation to continue to work towards a society of equal justice.  The Associated Press has republished selections of its contemporaneous coverage of King’s assassination, and the News Hour aired a segment discussing King’s enduring influence on campaigns for civil rights.  Keep reading for more news.

The hunt for a serial bomber in Austin, Texas, who killed two people and injured several others with homemade package bombs was this week’s leading national criminal law news story.  After a weeks-long investigation involving state and federal law enforcement agencies, authorities came to suspect that 23-year-old Mark Conditt was the bomber.  As officers closed in on Conditt, he killed himself by detonating a bomb inside his vehicle.  The New York Times has an article describing the meticulous police work that cracked the case, and the Austin Statesman has full coverage of the terrifying bombing spree.  Keep reading for more news.

Students across the country walked out of class for 17 minutes at 10:00 a.m. Wednesday morning in a mass protest against gun violence in the wake of the school shooting in Florida last month.  The demonstration came exactly one month after the shooting and the 17-minute duration represents the 17 people who were killed.  At Columbine High School in Colorado, students added 13 minutes to their protest to represent the victims of the 1999 shooting at that school.  Keep reading for more news.

This week the Justice Department sued California Governor Jerry Brown and the state’s attorney general, Xavier Becerra, alleging that certain recently enacted California immigration laws are unconstitutional. The New York Times says that the laws “restrict when and how local law enforcement can cooperate with federal immigration enforcement officers.” The Justice Department’s position is that the laws “reflect a deliberate effort by California to obstruct the United States’ enforcement of federal immigration law.” Keep reading for more news.

Last month, Jeff blogged about the backlog of rape kits in North Carolina and other jurisdictions across the country.  At the time of his post, there wasn’t a great deal of information available about the magnitude of the backlog in North Carolina, but Jeff noted that a 2017 law required law enforcement agencies to inventory their kits and report their findings to the State Crime Laboratory.  The Associated Press reported this week that the results of that process show that North Carolina has more than 15,000 untested kits.  At a press conference, Attorney General Josh Stein made proposals for testing the kits and tracking the status of kits collected in the future.  Keep reading for more news.

I doubt it is much of an exaggeration to say that in every workplace in North Carolina this time of year, there is talk of basketball. College basketball, of course, and, more specifically, ACC basketball. The conversation in late February usually is about the second UNC/Duke game, first-place finishers in the conference, brackets, and which teams are on the bubble. But this week, the conversation wasn’t usual. Instead it was about which school’s current and former players got what benefits from whom and who knew about it. That conversation was spurred by last Friday’s Yahoo Sports report listing dozens of players from dozens of schools who may have received payments in violation of the NCAA’s amateurism rules. The report was based on reporters’ review of documents obtained by the FBI in connection with its “investigation into the underbelly of college basketball.” All of this caused me to wonder, aside from potential NCAA rules violations, what crimes are associated with the alleged payments to coaches, players, and player’s family members.

The Durham Herald Sun reports that after District Court Judge Fred Battaglia acquitted one defendant and dismissed charges against two others allegedly involved in destroying a Confederate monument in Durham last year, Durham District Attorney Roger Echols announced that his office was dropping all remaining charges arising from the incident.  Echols said that because the evidence against the remaining defendants was the same as that introduced in the trials this week, it would be a misuse of state resources to continue to pursue the prosecutions.  Keep reading for more news.