This post summarizes criminal and related decisions published by the Fourth Circuit Court of Appeals in December, 2019. Decisions of interest to state practitioners will be posted on a monthly basis. Previous Fourth Circuit case summaries are available here.
News Roundup
Among the most significant North Carolina criminal news stories last year was the tragic shooting on the campus of UNC Charlotte that killed two students, Reed Parlier and Riley Howell, and injured four others. This week, the Charlotte Observer reports the proposal of a $1 million permanent memorial and reflection space to commemorate and remember the victims of the attack. Keep reading for more information about the memorial and other news.
Straight Talk about DWI
Happy New Year, everyone.
A few months ago, I blogged about the continuing phenomenon of impaired driving, the fatalities resulting from crashes involving impaired drivers, and recommendations from experts about how to reduce the incidence of impaired driving. Some of the feedback I received indicated that talk of solutions ought to be preceded by common agreement on the nature of the problem.
Case Summaries: N.C. Court of Appeals (Jan. 7, 2020)
This post summarizes published criminal opinions from the North Carolina Court of Appeals decided yesterday, Jan. 7, 2020.
Welcome, Tim Heinle
I want to kick off 2020 by welcoming Tim Heinle to the School of Government. It is his first week on the job as our new Civil Defender Educator. Here he is in his new office at the School. You can reach him at 919.962.9594 or heinle@sog.unc.edu. Tim will assist defenders in the diverse and challenging practice areas that make up civil indigent defense in North Carolina, including abuse, neglect, and dependency cases, guardianship, and child support contempt proceedings.
News Roundup
As the Asheville Citizen-Times reports, earlier this month the Eastern Band of Cherokee Indians was the victim of a damaging cyberattack that caused widespread damage to tribal networks and affected critical systems including 911 dispatch. Almost two weeks out from the December 7 attack, the tribe still is working to repair their network and bring systems back online. A former IT employee who was suspended two days before the attack, Benjamin Cody Long, has been arrested in connection with the incident. A report from the Cherokee One Feather covering Long’s detention hearing in Cherokee Tribal Court has detailed information about the attack and includes a quote from the judge describing the damage as “immense and unprecedented.”
This is the last blog post of the year. Thanks to all of our readers for engaging with the blog this year, we hope that everyone has a safe and happy holiday season. Keep reading for more news.
Twenty-Five Year Reviews of Life Without Parole Sentences Are Underway
Under a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed during that window are entitled to a judicial review after 25 years of imprisonment. I wrote about it here a few years ago, noting that the window for reviews would open in late 2019. Here we are.
Case Summaries – Court of Appeals (12/17/19)
This post summarizes opinions issued by the North Carolina Court of Appeals on December 17, 2019.
These summaries will be added to Smith’s Criminal Case Compendium, a free, searchable database of case annotations from 2008 to today.
Pleading General Crimes and Theories of Liability
Questions frequently arise about the requirements to charge the various types of general crimes like attempt, conspiracy, and accessory. A related question is whether the theory of liability, such as acting in concert or aiding and abetting, must be specifically pled. For defenders new to felony work, it can come as an unwelcome surprise to discover the jury is being instructed on an unexpected theory not identified in the pleading. This post lays out the basics for pleading general crimes and theories of liability of participants in the crime and links to the jury instructions for each.
New Paper on the 48-Hour Rule
One of the projects that I wanted to finish before I go was updating my old paper on the 48-hour rule of G.S. 15A-534.1. I just completed the update. The new paper is available here. It is more comprehensive than before, but in a different format that is a little longer and less handy. It … Read more