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Congratulations to Newly Certified Magistrates

For most citizens in North Carolina magistrates are the “first face” of the judicial system. They serve the public with professionalism, continually staying updated on the ever-evolving civil and criminal laws. Teaching magistrates is a very fulfilling part of my job, because they are always eager to learn, and they readily participate in class. In … Read more

News Roundup

Tuesday night, Pam Bondi was confirmed by the United States Senate as the Attorney General of the United States. Bondi previously served as Attorney General of Florida. The Senate voted 54 – 46, with all Republicans plus John Fetterman of Pennsylvania voting in favor of confirmation, and all other Democrats voting against. NPR reports here that Bondi immediately issued 14 memoranda that, among other things, lift the federal moratorium on executions; establish a task force on antisemitism and justice for the victims of Hamas’s October 7, 2023, attack on Israel; and form a working group regarding the weaponization of federal agencies for political ends. Keep reading for more news.

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Pretrial Release of Seized Motor Vehicles

In every case where a person is charged with felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1), the motor vehicle driven is subject to seizure and forfeiture. This is also true in DWI cases where, at the date of offense, the defendant’s driver’s license was revoked for an impaired driving revocation or the defendant did not have a valid license nor insurance. When in district court, these cases have expedited calendaring requirements (discussed here). This is in part to preserve the vehicle’s value while the case is pending. Upon seizure, the vehicle is usually first towed to a local storage facility, then transferred to the facilities of a state contractor within a few days. There are fees for towing, as well as accruing fees for storage. Whether the motor vehicle is released to its owner, a lienholder, or forfeited to the county board of education, these towing and storage fees must be paid. Often, these fees are paid out of the proceeds of the sale of the vehicle. While expediting the underlying case towards resolution is one way to minimize these fees, another is release of the vehicle before case disposition. This post addresses the circumstances under which a vehicle may be fully released pretrial and does not have to be brought back for a later forfeiture hearing.

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Book Review: Framed

I’ve enjoyed quite a few books by John Grisham. I liked some of his early fiction a great deal. His more recent novels have been hit or miss for me. This Christmas, I received a copy of Framed, a new work of nonfiction he wrote in collaboration with Jim McCloskey, the founder of a nonprofit called Centurion Ministries that works to exonerate the wrongfully convicted. The book has ten chapters. Each tells the story of a wrongful conviction. I found the book interesting and also somewhat unsatisfying, for reasons I explain below.

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News Roundup

The lead story this week is the sentencing of former U.S. senator Bob Menendez on Wednesday to 11 years in prison, per this report from the Washington Post. Menendez, 71, a longtime New Jersey lawmaker, was convicted last year in federal court of bribery and extortion, among other charges. He is the first public official in the United States to be convicted of acting as a foreign agent. Menendez has given notice of appeal. Read on for more criminal law news.

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O’er the Ramparts: Sizing Up the Castle Doctrine in State v. Carwile and State v. Williams

The castle doctrine statute, G.S. 14-51.2, provides that it is presumptively reasonable for the lawful occupant of a home or motor vehicle to respond to an intruder with deadly force. State v. Phillips, 386 N.C. 513, 527 (2024). Two recent decisions examine the scope of this protection. In State v. Carwile, No. COA23-885 (N.C. Ct. App. Dec. 17, 2024), the Court of Appeals held that the castle doctrine did not apply when the defendant was outside his home. By contrast, in State v. Williams, COA24-50 (N.C. Ct. App. Dec. 31, 2024), the Court of Appeals held the castle doctrine did apply though the defendant was outside of his car. This post seeks to harmonize Carwile and Williams.

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