Recent Blog Posts Page 102 on North Carolina Criminal Law Blog

This post summarizes criminal decisions released by the Supreme Court of North Carolina on April 16, 2021.

A 26-year veteran of the Brooklyn Center Police Department in Minnesota, Kim Potter, was charged this week with second-degree manslaughter for killing 20-year-old Daunte Wright during a traffic stop where Potter possibly confused her pistol for her taser.  The incident, which involved a white officer and a Black victim and occurred in relatively close proximity to the location where Derek Chauvin’s trial is being held, sparked several nights of protests.  Following a traffic stop for an expired registration, Potter was attempting to take Wright into custody on an outstanding arrest warrant for failure to appear when Wright attempted to get back into his car and flee the stop.  Body camera footage appears to show Potter yelling “Taser” before firing a single fatal shot with her Glock service pistol.  Keep reading for more news.

Last week, President Biden announced several new executive actions on firearms, including: calling for an updated report on firearms trafficking; nominating a new director for the Bureau of Alcohol, Tobacco, Firearms and Explosives; and ordering the Department of Justice to draft new regulations that will treat handguns equipped with pistol braces as short-barreled rifles under the National Firearms Act, along with publishing a model “red flag” law for states to use as a guide. Jeff Welty and Shea Denning have previously written about red flag laws here and here.

One order in particular seems to be getting a lot of attention: instructing the DOJ to issue a proposed rule within 30 days to address “ghost guns.” I’ve gotten a few questions recently from law enforcement officers and prosecutors about ghost guns and the applicable law, so this post provides a summary of three topics: (i) what are ghost guns; (ii) why are they coming up as an issue now; and (iii) what do our existing state and federal laws say about them?

Regular readers of this blog know that bail reform has been a hot topic in criminal law.  Jessie has posted about the Criminal Justice Innovation Lab’s ongoing collaborations with several North Carolina jurisdictions in efforts to evaluate and improve bail practices, and she also has noted recent litigation over the constitutionality of the Alamance County bail system.  Late last month, the Supreme Court of California ruled that money bail, when used, must be set at an amount an arrestee can reasonably afford unless there is clear and convincing evidence that no nonfinancial condition of release will reasonably protect victim or public safety or assure the arrestee’s appearance in court.  This post takes a closer look at the opinion – In re Humphrey, No. S247278, 2021 WL 1134487 (Cal. Mar. 25, 2021).

Chief Justice Paul Newby issued an order on Friday, effective today, extending emergency directives currently in place for an additional thirty days to in light of the ongoing COVID-19 pandemic.

A United States Capitol Police Officer, William “Billy” F. Evans, died this week after he and another officer seemingly were deliberately hit by a car as it was driven into a barricade at the Capitol Building by a man who then threatened other officers with a knife before being shot and killed.  Evans had served with the Capitol Police since 2003.  News reports have emerged suggesting that the perpetrator, 25-year-old Noah Green who was living in Virginia, had been experiencing increasingly delusional thoughts and declining mental health, perhaps attributable in part to drug abuse.  The Associated Press says that investigators believe the attack was an isolated incident.  Keep reading for more news.

This post summarizes published criminal decisions from the North Carolina Court of Appeals released on April 6, 2021. As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.

My colleague Jamie Markham and I have received quite a few questions lately about jail credit for consolidated sentences. Jamie has written several blog posts over the years explaining the various jail credit laws. However, there are no statutes or case law that govern the peculiar scenarios that come up regarding consolidated sentences.

In 2016, the North Carolina Court of Appeals held in State v. Adams, 250 N.C. App. 664 (2016), that law enforcement officers acted lawfully when, lacking a warrant, they chased a man suspected of driving while license revoked into his home where they arrested him. The court determined that because the officers were engaged in hot pursuit, they did not need to establish additional exigent circumstances such as immediate danger or destruction of evidence to justify forcibly entering the suspect’s home. This year, the United States Supreme Court is reviewing a California case raising the same issue:  Does pursuit of a person who a police officer has probable cause to believe has committed a misdemeanor categorically qualify as an exigent circumstance sufficient to allow the officer to enter a home without a warrant? See Lange v. California, 141 S. Ct. 1617 (2020) (granting review of People v. Lange, No. A157169, 2019 WL 5654385 (Cal. Ct. App. Oct. 30, 2019) (unpublished)).

The Fayetteville Observer reported this week that an arrest has been made in connection with a road rage shooting last week near Lumberton that killed a Pennsylvania woman traveling with her husband to a beach vacation.  Dejywan R. Floyd has been charged with murder for allegedly shooting into the passenger side of an SUV occupied by Julie and Ryan Eberly after the SUV came close to Floyd’s car during a lane change maneuver on I-95.  Julie Eberly was struck by the gunfire and died.  Keep reading for more news.