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Proms and PBTs

Spring is only a few weeks away. Soon preparation will begin for the rites of the season, among them pruning, planting, and, of course, prom.

A few weeks ago, I chaperoned a dance at my son’s high school. (I elected not to tell him that I was chaperoning, so you can imagine his reaction when he saw me there. For more about that, please check out my parenting blog.) When I walked into the gymnasium, I saw tables laden with dozens of bright yellow flashlight-shaped devices. The school had not stockpiled flashlights for gazing into dark corners. Instead, these were portable breath testing instruments awaiting samples of air drawn from the deep lungs of teenagers. Every student seeking admission to the dance was required to submit a breath sample. Only students who registered no alcohol concentration were eligible to attend the dance.

After the dance, someone asked me whether it was lawful for a school to require students to submit to a breath test before admitting them to a school function. My answer? Yes. My reasoning? See below.

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News Roundup

The News & Observer reports that this week a federal jury in Charlotte convicted Greg Lindberg of attempting to bribe State Insurance Commissioner Mike Causey to give favorable treatment to Lindberg’s insurance business.  As the News Roundup previously has noted, Lindberg was accused of working with Robin Hayes, the former chairman of the North Carolina Republican Party, to bribe Causey.  Lindberg has been one of the largest political donors in North Carolina in recent years.  Causey, who reported the attempted bribe to federal investigators, said in a statement following the conviction that it “show[ed[ that the Office of the Commissioner of Insurance is not for sale.”  Keep reading for more news.

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Case Summaries: Fourth Circuit Court of Appeals – February, 2020

This post summarizes published criminal decisions from the Fourth Circuit Court of Appeals in February, 2020. Decisions of interest to state practitioners will be posted on a monthly basis. Previous summaries of Fourth Circuit criminal and related decisions can be found here.

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Does a “Prayer for Judgment Continued” Differ Very Much from a “Prayer for Judgment Granted”?

Once upon a time in the North Carolina courts, a prayer for judgment continued (PJC) could have a positive impact on a person’s future. Essentially, the prosecution would pray—that is, move—for entry of judgment, and the judge would continue the prayer and withhold judgment rather than granting the prayer and entering judgment. See State v. Griffin, 246 N.C. 680 (1957) (discussing procedure). Older cases recognized that a judge’s exercise of his or her authority to defer judgment in the interest of justice did not constitute a conviction. A PJC was thus treated like a prosecutor’s exercise of discretion in deferring prosecution. The deferral not only avoided imposition of sentence in the criminal case; it also meant that the matter did not count as a conviction in later, collateral proceedings. See Barbour v. Scheidt, 246 N.C. 169 (1957) (discussing treatment of PJCs). The Court of Appeals’ February 18, 2020 decision in Mace v. North Carolina Dept. of Insurance provides a reminder that times have changed and a PJC usually provides no protection from the collateral consequences of a conviction.

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News Roundup

As the Associated Press reports, movie producer Harvey Weinstein was convicted by a jury in New York this week of rape and sexual assault offenses against two women.  The verdicts, accompanied by several acquittals on other offenses including on the most serious charges Weinstein faced – two counts of predatory sexual assault, came after five days of deliberation by a jury that indicated at times through notes to the presiding judge that it may deadlock on some counts.  Weinstein was detained in custody following the verdict and is scheduled to be sentenced early next month, where he faces up to 25 years of imprisonment on the sexual assault offense and up to four years on the rape offense.  Other sexual assault charges are pending against Weinstein in California.  Allegations that Weinstein had engaged in a years-long pattern of sexual abuse in his position as a powerful Hollywood producer were widely seen as a touchstone moment in #MeToo movement when they became public in 2017.  Keep reading for more news.

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