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On Wednesday, President Joe Biden announced a “comprehensive strategy to combat gun violence and other violent crime” ahead of the summer months when major cities often experience increased gun violence.  Among other things, the administration’s press release says that local governments will be able to use American Rescue Plan funds to hire law enforcement officers, prosecute gun traffickers, and invest in new law enforcement equipment and technology.  Keep reading for more on this story and other news.

This post summarizes the United States Supreme Court’s decision in Lange v. California, 594 U.S. ___, ___ S. Ct. ___ (June 23, 2021). This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.

My email continues to stay busy with confusion about juvenile cases, including questions about the status of a case during the time for appeal of an order transferring the case to superior court and the use of an indictment to trigger transfer of a juvenile matter to superior court. This blog will address three frequently asked questions (FAQs): (1) which court has jurisdiction over the case during the 10-day period for giving notice of an appeal, (2) what are the restrictions on recordkeeping during that 10-day period or while the superior court considers any appeal, and (3) may an order for arrest be generated when an indictment is returned in a matter that is under juvenile jurisdiction?

Earlier today, Chief Justice Paul Newby rescinded the two remaining COVID-19 Emergency Directives. The Chief Justice determined that the enactment of S.L. 2021-47 (Senate Bill 255) on Friday rendered unnecessary Emergency Directive 3, which authorized judicial officials to conduct proceedings that include remote audio and video transmissions and Emergency Directive 5, which permitted verification of pleadings and other documents by affirmation of the subscriber.

ABC News reports that approximately 50 police officers resigned en masse from the Portland Police Bureau’s Rapid Response Team this week after a member of the team was indicted by a grand jury for excessive use of force during an August 2020 protest in the city.  Officer Corey Budsworth was indicted Tuesday on an assault charge for allegedly striking a woman in the head with a baton during the protest.  The resignations represent the entire membership of the Rapid Response Team, which is a voluntary assignment that mostly involves crowd control duties.  The team has been on duty frequently in recent months because of the extensive demonstrations in Portland following the murder of George Floyd.  Keep reading for more news.

This post summarizes published criminal decisions from the North Carolina Court of Appeals released on June 15, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.

I received an interesting question recently when I taught about the intersection of criminal defense and Chapter 35A incompetency. Suppose a person is adjudicated incompetent in a Chapter 35A proceeding and a guardian is appointed. Suppose that same person had been convicted of a crime requiring registration as a sex offender and compliance with the other obligations of Chapter 14, Article 27A. The person is required to register changes to their address (including providing notice to law enforcement of an intention to move out-of-state), to their academic and employment status, and to notify the State of changes to their name or online identifiers, including e-mail addresses. G.S. 14-208.7; G.S. 14-208.9. What effect does declaration of incompetency have on these registration requirements? Who is responsible for ensuring that the incompetent adult complies with these registration obligations—the adult or their guardian?

This post summarizes published criminal law decisions released by the Fourth Circuit Court of Appeals in May 2021 that may be of interest to state practitioners.

This post summarizes criminal decisions released by the Supreme Court of North Carolina on June 11, 2021.

The Asheville Citizen-Times reports that there has been recent controversy in Madison County following the sheriff’s office hiring a former Asheville police officer and the adoption of a politically charged resolution by county commissioners expressing support for law enforcement.  Keep reading for more on this story and other news.