Latest posts in category Uncategorized on North Carolina Criminal Law Blog

Former FBI director James Comey’s testimony before the Senate Intelligence Committee regarding the FBI’s investigation of Russian interference in the 2016 presidential election is without question the biggest news of the week.  CBS News says that bars across the country opened early to serve drinks to customers while they watched the testimony live.  The Chicago Tribune says that workplace productivity was expected to plummet Thursday, much as it does during March Madness, as workers tuned into the testimony at their desks.  Keep reading for more news.

Over the weekend I indulged my passion for music, which started me thinking about the overlap between music and my day job at the School of Government—in other words, songs that involve criminal law. Once I started, it wasn’t hard to come up with several examples, in different genres and about different phases of criminal proceedings. My choices, below, show that we are products of our eras; they date me. What songs about criminal law stand out for you?

The News & Observer reports that Governor Roy Cooper filed a lawsuit against legislative leaders last Friday that, among other things, contends that the new law that reduces the number of judges on the Court of Appeals impermissibly changes the length of a judge’s term without a supporting amendment to the state constitution.  The Observer report says the lawsuit is “one of a series that Cooper . . . has filed since taking office in January” and is part of an ongoing power struggle between Cooper and legislative leaders.  Keep reading for more news.

A suspected suicide bombing that killed twenty-two people at a concert in Manchester, England, is the major news story of the week.  BBC News has an overview of the situation here.  A 22-year-old Manchester man, Salman Abedi, has been named as the suspected bomber, and seven other men, some of whom are related to Abedi, had been arrested in connection with the attack at the time of writing.  The Islamic State has claimed responsibility for the bombing, and the U.K. has raised its terror threat level from “severe” to “critical,” meaning that another attack may be imminent.  Keep reading for more news.

Earlier this month, the North Carolina House overwhelmingly passed House Bill 551, An Act to Amend the Law and Constitution of North Carolina to Provide Better Protections and Safeguards to Victims. The bill now awaits consideration by the Senate, where it has been referred to the Committee on Rules and Operations. The legislation is championed by the advocacy group, Marsy’s Law for All, which is seeking to amend state constitutions and, ultimately, the U.S. Constitution to enshrine victims’ rights. What is the impetus for Marsy’s Law and how would enactment of the constitutional amendment proposed in House Bill 551 change North Carolina’s existing constitutional and statutory protections for victims?

The investigation into Russian involvement in the presidential election continues to dominate the news this week.  On Wednesday, the Justice Department appointed Robert S. Mueller as special counsel responsible for leading the investigation.  The appointment comes after it was reported that former FBI director James Comey kept memos contemporaneously documenting his conversations about the investigation with President Donald Trump.  Mueller previously served as FBI director under George W. Bush and Barack Obama.  Keep reading for more news.

The big news of the week was President Donald Trump’s unexpected removal of James Comey as FBI director.  The News Hour has an overview of the situation here.  FBI deputy director Andrew McCabe will take over for Comey until a new director is appointed by President Trump and confirmed by the Senate.  There have been seven full-time directors of the Bureau since 1935; this is only the second time that a director has been fired.  Keep reading for more news.

The Charleston Post and Courier reports that Michael Slager, a former North Charleston police officer who shot and killed Walter Scott in 2015, pleaded guilty this week to a federal criminal charge of deprivation of rights under the color of law.  The incident involving Slager and Scott was captured on video which appeared to show Slager shooting at Scott’s back after a scuffle.  As the News Roundup previously noted, a homicide case against Slager ended in a mistrial late last year.  As part of the plea deal, other state and federal charges pending against Slager will be dismissed.  Keep reading for more news.

By administrative regulation, North Carolina’s jails are required to have written policies and procedures on inmate rules and discipline. 10A NCAC 14J .0203(a)(5). The only thing the jail regulations tell us about the substance of those policies and procedures is that they may not use food as a reward or punishment. 10A NCAC 14J .0902. Beyond that, the framework for how a jail should handle inmate disciplinary procedures is a question of constitutional due process. A recent case from the Fourth Circuit reminds us what process is due when a jail responds to alleged misbehavior by an inmate.

There was tragic news from Bertie Correctional Institution this week where Sergeant Meggan Lee Callahan died Wednesday evening after being attacked by an inmate.  Craig Wissink, who is serving a life sentence for murder, is suspected of killing Callahan, according to this report from the Charlotte Observer.  State facilities have been directed to fly North Carolina flags at half-staff until sunset today in tribute to Callahan.