Articles in the Uncategorized category - Page 96 of 154

A week ago today, I sat in the gallery of the United States Supreme Court with twenty North Carolina district court judges listening to Chief Justice John Roberts announce the court’s opinion in Endrow v. Douglas County School District. The unanimous opinion, in which the court reversed the Tenth Circuit’s holding that a child’s Individual Education Plan (IEP) satisfies federal law as long as it is calculated to confer an educational benefit that is “merely more than de minimis” quickly became the topic of questioning later that morning in the confirmation hearing for Supreme Court nominee and current Tenth Circuit Judge Neil Gorsuch. Listening to the Chief Justice explain the court’s reasoning was fascinating, and it was thrilling to have a bird’s eye view as the news traveled through the city and the nation. This experience was just one part of the North Carolina Judicial College’s inaugural Supreme Court Seminar for district court judges, which gave some of our state’s most experienced jurists an opportunity to consider the role of the nation’s highest court and the rule of law in our democracy, and to reflect upon their own judicial role.

House Bill 239 would reduce the number of judges on the court of appeals from 15 to 12. It has passed the House and awaits Senate consideration. Proponents of the bill (mostly Republicans) say that the court should contract because the number of appeals has fallen in recent years. The bill’s opponents (mostly Democrats) say that the court remains extremely busy, and that the real purpose of the bill is to prevent Governor Cooper from appointing replacements for three Republican judges who are nearing mandatory retirement age. This post presents some historical and statistical information that may help readers assess the bill for themselves. [Update: I have received several comments pointing out other factors, beyond caseload, that should be considered when determining the size of a court. Clearly, factors like disposition times, number of law clerks and staff attorneys, and case mix are all pertinent. This post presents caseload data because caseload information is relevant and readily available, but it isn’t intended as a complete analysis — interested readers are encouraged to consider the full spectrum of pertinent information. To get a sense of how complex measuring and comparing court performance is, see, e.g., W. Warren H. Binford et al., Seeking Best Practices among Intermediate Courts of Appeal: A Nascent Journey, 9 J. App. Prac. & Process 37 (2007) (noting that “[c]ourt productivity is difficult to define, let alone measure,” but finding the Court of Appeals of North Carolina to be above average in both “productivity” and “efficiency”).]

A deadly terrorist attack outside the British Parliament in London is dominating international headlines this week.  As the New York Times reports, a British-born man, Khalid Masood, has been identified as the perpetrator and the Islamic State has claimed responsibility for the attack.  Three people were killed, including a Utah man, when Masood drove a vehicle into pedestrians on Westminster Bridge and then fatally stabbed a police constable.  Masood was shot and killed by police.  Keep reading for more news.

The confirmation hearing for Supreme Court nominee Neil Gorsuch will begin today before the Senate Judiciary Committee. This post tells you what you need to know about the hearing.

A Wilmington traffic stop involving an Uber driver has received national attention over the past two weeks because officers involved in the stop falsely told the driver, who happened to be a lawyer, that it was illegal to film police.  Jesse Bright, a criminal defense attorney and part-time Uber driver, was using his cellphone to record his traffic stop when an officer told him to stop recording because it violated a recently enacted law.  In fact, there is no such law and Wilmington and New Hanover County law enforcement officials later released statements confirming that it is legal to record encounters with police and encouraging citizens to do so.

Over the past week the Associated Press has published reports describing instances of physical and emotional abuse at the Word of Faith Fellowship church in Spindale.  According to the AP, congregants, including children, “were regularly punched, smacked, choked, slammed to the floor or thrown through walls in a violent form of deliverance meant to ‘purify’ sinners by beating out devils.”  Former congregants have alleged that two members of the church who are assistant district attorneys in Prosecutorial District 25 helped cover up the abuse.  Keep reading for more news.

As the New York Times reports, the United States Supreme Court heard oral argument this week in Packingham v. North Carolina, a case that presents the question of whether prohibiting sex offenders from accessing social networking websites, as North Carolina does with G.S. 14-202.5, violates the First Amendment.  If you’re not up to speed on Packingham, check out Jamie’s 2013 post discussing the North Carolina Court of Appeals decision holding G.S. 14-202.5 facially unconstitutional, and then check out Jeff’s 2015 News Roundup entry explaining the North Carolina Supreme Court’s subsequent reversal of the lower appellate court.  A transcript of the oral argument is available here and a SCOTUSblog argument analysis, suggesting that the Justices were skeptical of the constitutionality of the law, is available here.  Keep reading for more news.

Earlier this week the SBI executed a search warrant at a Hoke County administrative office, taking control of the building Monday afternoon and searching it for several hours.  County officials quoted in the Fayetteville Observer suggest that the investigation involves an issue with employee time sheets, but Sherriff Hubert Peterkin said that time sheets aren’t the exclusive focus.  Another article from the Observer says that one county employee resigned on Tuesday and a Sherriff’s deputy was fired.  Keep reading for more news.

Late last week President Donald Trump signed three Executive Orders that a White House blog post says are intended to “fight crime, gangs, and drugs; restore law and order; and support the dedicated men and women of law enforcement.”  A press release from the White House says that one of the orders directs Attorney General Jeff Sessions to develop a strategy to more effectively prosecute people who commit crimes against law enforcement officers; that the second order establishes a task force led by Sessions to reduce crime and restore public safety in American communities; and that the third focuses energy and resources on dismantling drug cartels and other transnational criminal organizations.  Keep reading for more news.

The Durham Herald-Sun reports that the long saga of the Michael Peterson murder case may conclude later this month with a plea bargain. As the Herald-Sun article recounts, Peterson was incarcerated for eight years after being convicted in 2003 of murdering his wife, Kathleen Peterson. He was granted a new trial in 2011 based on a court’s finding that former SBI analyst Duane Deaver had given misleading and false testimony at the original trial. The Herald-Sun article does not have details of the agreement, but a report from WRAL says that Peterson will enter an Alford plea to voluntary manslaughter. Keep reading for more news.