The U.S. Supreme Court denied review of Ghislaine Maxwell’s convictions for sex trafficking of a minor and other crimes this week, according to SCOTUSblog. Maxwell, the longtime partner and co-conspirator of Jeffrey Epstein, is serving a 20-year sentence in federal prison. The denial marks the end of Maxwell’s hopes for relief on direct appeal. On the Second Amendment front, the Court recently agreed to hear a challenge to Hawaii’s criminal prohibition on carrying concealed handguns on private property without express authorization by the property owner. The Ninth Circuit previously upheld the law. The Court declined to review a decision of the Eighth Circuit striking down Missouri’s law forbidding state law enforcement officials from enforcing federal gun rules that state officials believe violate the Second Amendment, as noted here (a deeper analysis of the case is here for those interested). Read on for more criminal law news.
Prosecutor Allegedly Disciplined for Returning Not Guilty Verdict. According to this article from the Volokh Conspiracy, a prosecutor’s complaint for First Amendment retaliation against the Nashville, Tennessee District Attorney’s Office can proceed. The plaintiff claimed that she was demoted and placed on involuntary leave after serving on a criminal jury which returned a not guilty verdict. Despite a policy of the district attorney’s office to encourage jury service by employees, the plaintiff alleges that she was “berated” over her service, that the elected district attorney was “outraged that she was the foreperson, and accused her of unethical conduct.” The office then allegedly removed her from courtroom work, gave her non-attorney duties, and admonished her about her jury service in front of colleagues. The district attorney claimed that the plaintiff committed an ethical violation by failing to inform the trial court of her role as a district attorney before being accepted as a juror—a fact clearly contradicted by the record. Noting that the DA’s allegations in his motion to dismiss the case repeatedly miscategorized the record evidence in the case, the magistrate judge hearing the matter ultimately ruled for the plaintiff and allowed the claims to proceed.
Comey Arraignment. James Comey, the former director of the FBI, appeared in federal district court this week in Virgina to enter a not guilty plea to charges of lying to Congress and obstructing a congressional proceeding. According to the story, after an experienced U.S. Attorney declined to pursue the charges, that attorney was replaced with an attorney with close ties to the administration and lacking any prosecutorial experience. The new prosecutor charged Comey just days before the statute of limitations expired. The story notes that Comey’s lawyers are expected to challenge the appointment of the new prosecutor. They will also argue that the prosecution is unconstitutionally vindictive—a claim that is notoriously difficult (but not impossible) to win. In an “unusual” move, two North Carolina-based assistant U.S. Attorneys will be helping with the prosecution in the Eastern District of Virginia, according to this report.
Officer Fired for Alleged Misconduct. A former Raleigh police officer appeared in a Wake County courtroom this week to face charges of felony sexual activity by a custodian, felony obstruction of justice, and misdemeanor neglect of duties. The prosecution alleges that Tremale Cogdell let an impaired driving suspect involved in an accident go free without charges in exchange for sexual favors last month. According to the report, authorities are investigating whether the former officer was involved in other instances of official misconduct and has asked the public to share any relevant information with the SBI. The Raleigh Police Department fired him last Friday. Cogdell was released on bail after posting a $30,000 secured bond and is due back in court later this month.
Florida Strikes Down Odor Only. In light of federal legalization of hemp and state legalization of medical marijuana, the Second District Court of Appeals in Florida recently struck down the state’s “odor only” doctrine, under which officers had probable cause to detain and search people for suspected marijuana crimes based on the smell of cannabis alone. According to the Florida court: “In light of significant legislative amendments to the definition and regulation of cannabis, its mere odor can no longer establish that it is ‘immediately apparent’ that the substance is contraband. Accordingly, the plain smell of doctrine can no longer establish probable cause based solely on the odor of cannabis.” That story is here. A similar challenge is currently under consideration at the North Carolina Supreme Court, which will decide whether the odor of cannabis continues to categorically provide officers probable cause to conduct a warrantless search for evidence of marijuana-related crimes, or whether officers must consider the totality of the circumstances when faced with the odor, including any facts or circumstances which tend to dispel the probative value of the odor. The court heard arguments in a trio of cases on or closely related to that question on September 9.
ICE Tactics Under Scrutiny. Ongoing immigration enforcement actions by ICE in Chicago have led to complaints of excessive force and continued litigation between local and state officials and the federal government, according to this news item. Local residents interviewed for the story report that ICE agents rappelled from a helicopter and surrounded an apartment building with unmarked cars this past Tuesday before (sometimes forcibly) entering inhabitants’ homes. Agents allegedly detained those suspected of immigration violations en masse with zip ties, including children and some U.S. citizens. The story notes that over 1,000 immigration arrests have been made since ICE began its Chicago operations. One suburb has launched criminal investigations into the actions of federal officers and several civil lawsuits challenging various ICE actions are pending, including one alleging violations of a 2022 consent decree limiting ICE’s ability to make warrantless arrests of non-targets.
Former Gateway Church Pastor Pleads Guilty. Megachurch pastor Robert Morris pled guilty last week to sexual abuse of a 12-year-old child in the 1980s. Morris founded the Gateway Church, which the story notes became one of the largest churches in the country, with more than 25,000 weekly congregants. The 64-year-old Morris entered pleas to five counts of lewd or indecent conduct with a child. While he was sentenced to 10 years in prison, all but six months of that sentence was suspended. Morris was ordered to pay a quarter million in restitution and to register as a sex offender.
Robot Immunity? Local traffic police were stymied after stopping a driverless Waymo taxi last month in San Bruno, California. According to this story, police allegedly observed the self-driving car perform an illegal U-turn and went to ticket the driver, only to discover there was no one to ticket. Officers noted that the “citation books don’t have a box for ‘robot.’” The authorities alerted Waymo and posted on social media that they hope and expect the company to remedy the programming that caused the illegal turn. Local residents commenting on the post expressed concern that police did not cite the company instead of letting the scofflaw bot get away scot-free.
Dognapping Conviction. A veterinarian was recently convicted of larceny in Michigan stemming from her refusal to return a pit bull mix to its owner. AP News reports that the woman found the dog tied to a truck and drove the animal to her clinic two hours away. The vet treated the 16-year-old animal for a urinary tract infection and a bad tooth and claimed the animal as her own, naming it Biggby. Eventually it came to light that the animal belonged to a man who was unhoused at the time the vet found the dog. The vet refused to return the animal, pointing to her ethical responsibilities as a vet. During trial, the vet told the jury that she would do the same thing again “in a heartbeat” if given the chance. After a two-day trial, the jury convicted the vet of misdemeanor larceny. As regular readers of the blog know, stealing a dog in North Carolina is a class I felony under G.S. 14-81(a1).
Strutting Straight to Jail. A Florida man found himself in hot water after being charged with animal cruelty for killing and eating his pet peacocks. The defendant was apparently upset at his neighbor for feeding his pet birds and allegedly left the neighbor a note recounting the avicides and subsequent meal prep. He threatened to continue killing his other peafowl unless the neighbor ceased feeding the birds. According to the report, the dispute with the neighbor had been “simmering” for some time. The man also told officers during his arrest that he would kill the rest of his peacocks when he was released to ensure no one else took possession of the animals. It is unclear whether the defendant has an attorney or if he plans to wing it in court himself. Strange as it may sound, there is a colorful history of people eating peacock, with recipes ranging from peacock confit to peacock pie.
I hope everyone has a safe and relaxing weekend. I can be reached as usual at dixon@sog.unc.edu for any questions or feedback.