Articles in the Uncategorized category - Page 84 of 158

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.

The Greensboro News & Record reports that four jurors in a Guilford County murder trial were followed from a parking area to the courthouse by a man wearing all red clothing, a color associated with a gang.  In response to the incidents, Judge David Hall restricted the number of people who could be in the courtroom and ordered officers to be on the lookout for the man.  Richard Allen Williamson eventually was detained by courthouse security in the lobby of the building, identified by the jurors, and charged with obstruction of justice.  Keep reading for more news.

Many readers will by now have heard the news: Chief Justice Martin is stepping down to become the Dean of the Regent School of Law, a Christian law school in Virginia. This post looks back at his criminal justice legacy, and forward at the future of the court.

The ongoing federal government shutdown, now the longest in United States history, is undermining the FBI’s ability to protect the country from criminals and terrorists according to a report released this week by the FBI Agents Association.  Entitled “Voices from the Field,” the report contains stories from agents across the country that detail the effect of the shutdown on the FBI’s work.  Like other federal workers, agents currently are working without pay.  The president of the Agents Association, Thomas O’Connor, appeared on the NewsHour on Tuesday to discuss the report.  Keep reading for more news.

 Last week the Court of Appeals breathed new life into a decades-old law that requires district courts to refer juveniles who have been adjudicated delinquent, prior to disposition, to the area mental health, developmental disabilities, and substance abuse services director for an interdisciplinary evaluation if any evidence that the juvenile is mentally ill has been presented. This new decision, In the Matter of E.M., __ N.C.App. __ (January 15, 2019), raises many questions like, does it really mean any evidence of mental illness? And does it matter if the juvenile has already received mental health services? And who is the area mental health, developmental disabilities, and substance abuse services director anyways?

As the Asheville Citizen-Times reports, Wanda Greene pleaded guilty this week to several federal criminal offenses arising from her corrupt activity while serving as Buncombe County Manager.  With the plea, Greene joins her conspirators and former assistant county managers Jon Creighton and Mandy Stone, as well as her son Michael Greene, in awaiting sentencing for their crimes.  As the News Roundup has noted previously, Creighton, Stone, and the Greene’s participated to varying degrees in a range of corrupt schemes including accepting bribes in exchange for awarding county contracts and misusing county funds for their personal benefit.  Keep reading for more news.

Last week I had the pleasure of hosting around 40 attorneys for the second part of a new course, Higher Level Felony Defense. The first part, held in early 2018, focused primarily on preparing a case for trial. We also included a deep dive into jury selection. This second part focused on common issues in serious felony cases as well on sentencing advocacy. As a new program, I’m sure it will evolve, but I thought the first iteration was promising and wanted to talk briefly about the program and our goals.

On Monday, North Carolina leaders attended a ceremonial session of the North Carolina Supreme Court convened to honor the court’s 200th anniversary. The celebratory session featured a documentary video and remarks by current and former justices of the Court. WRAL has a story about the event here and the AOC has a post about it here. Keep reading for more news.

In December, the School of Government held the first week of orientation for new district court judges. The class included thirty-one new judges. Most of the judges took the bench […]