Recent blog posts - 107 of 398

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 Oct. 30, 2019) (unpublished)).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.

  For the entirety of its 90 years of existence, the School of Government’s mission has been focused on the people of North Carolina. Through our commitment to offering high-quality […]

This post summarizes a decision released by the United States Supreme Court on March 25, 2021.

A second mass shooting in the span of a week, this one killing 10 people at a Colorado grocery store, shook the nation on Monday.  Those killed included the first responding police officer, Eric Tally, a father of seven.  The apparent shooter, 21-year-old Ahmad Al Aliwi Alissa, was taken into custody after being shot by police and has been charged wih murder.  News reports indicate that Alissa was wearing a tactical vest and was armed with an assault style rifle that he bought last week.  Keep reading for more news.

What comes to mind when you think about physical evidence that is also biological evidence? It might be a bloodstained shirt or the contents of a sexual assault examination kit. What about a bedspread or a laundry basket? How about a door or a phone booth? These are all items I have seen in evidence rooms across North Carolina in my work with the North Carolina Conference of Clerks of Superior Court on receiving, storing, and disposing of evidence. It is possible that each of these items meets the statutory definition of biological evidence. G.S. 15A-268 establishes that definition and provides explicit requirements around the preservation and disposal of biological evidence, including a specific inquiry into biological evidentiary value that courts must engage in each time physical evidence is offered or admitted into evidence in a criminal proceeding.

During the COVID-19 pandemic, criminal court systems moved to virtual proceedings to maintain essential court operations while minimizing the spread of COVID-19. To understand more about that transition and the lessons it holds for the future, we surveyed North Carolina trial judges, prosecutors, defenders, and clerks of court about virtual court. Our survey included questions about changes to court proceedings during the pandemic, the benefits of and concerns about virtual court, best practice suggestions for virtual proceedings, support for various virtual proceedings, experiences with using various technology platforms, and other aspects of virtual proceedings. We received responses from 182 people (Figure 1) from all 100 North Carolina counties.

Figure 1. Survey Respondents’ Current Role in the Criminal Justice System

Our full report is available here. In this post we summarize some top line results.