blank

All Related Charges Are Transferred When One Felony in a Delinquency Case Is Transferred

I continue to receive questions about transferring from juvenile to criminal superior court cases involving allegations that 16-and 17-year-olds have engaged in certain criminal conduct. Recently I’ve been asked about the transfer process for offenses committed at ages 16 and 17 in cases that involve a series of charges that include Class A – G felonies, Class H and I felonies, and misdemeanors. Because the Juvenile Code prescribes differing procedures for transferring various classes of felonies and there is no transfer process for misdemeanor offenses, confusion is understandable. The key to understanding how to handle these cases is this: Once one felony is transferred, all other related charges, regardless of offense class, are automatically brought under the jurisdiction of the superior court. Why?

Read more

blank

2019 North Carolina Conditions of Release Report

We previously produced information about the prevalence of secured bonds at the state and county level. In this report we update that work with 2019 data and look at changes in the imposition of financial and non-financial conditions in North Carolina. A few key takeaways from our research:

Read more

blank

News Roundup

Criminal justice issues continued to capture the national news spotlight this week.  On Tuesday, President Donald Trump granted clemency to eleven people, including former Illinois Governor Rod Blagojevich and former San Francisco 49ers owner Edward DeBartolo Jr.  On Thursday, amidst ongoing drama involving President Trump and the U.S. Department of Justice, Roger Stone was sentenced to 40 months in prison for convictions related to obstructing a congressional investigation.  Keep reading for more on these stories and other news.

Read more

Implementing State v. Rieger: The One-Set-of-Costs-Per-Sentencing-Episode Rule

In State v. Rieger, ___ N.C. App. ___, 833 S.E.2d 699 (2019), the Court of Appeals held that court costs should be assessed only once for all related charges that are adjudicated together. I wrote about the case here. Today’s post looks at how the appellate courts have applied Rieger since it was decided last October.

Read more

blank

What Does It Take to Succeed on a Batson Claim in North Carolina?

A “peremptory strike” is a tool used by lawyers to exercise control over who is seated on a trial jury. When selecting a jury, attorneys may use peremptory strikes to remove a certain number of potential jurors for any reason at all, other than race and gender. Since lawyers typically do not have to explain the reasons behind their peremptory strikes, they “constitute a jury selection practice that permits those to discriminate who are of a mind to discriminate.” Batson v. Kentucky, 476 U.S. 79, 96 (1986), quoting Avery v. Georgia, 345 U.S. 559, 562 (1953). In the 1986 case of Batson v. Kentucky, the United States Supreme Court reaffirmed that peremptory strikes motivated by race violate the Equal Protection Clause; ever since then, challenges to racially motivated jury selection have been referred to as “Batson challenges.” Batson v. Kentucky, 476 U.S. 79 (1986). (For an excellent telling of James Batson’s story and the legacy of this decision, check out the More Perfect Podcast, Object Anyway.)

Read more

blank

Meet CASSI: North Carolina’s First Fully Autonomous Vehicle

The General Assembly clearly was preparing for the future in June 2017 when it enacted regulations governing the operation of fully autonomous vehicles. Just two-and-a-half years later, that future has arrived on North Carolina State University’s Centennial Campus. There, students, staff and visitors to campus can take a ride with CASSI, a driverless vehicle.

Read more

blank

News Roundup

As the New York Times reports, the major criminal law news of the week was the sudden withdrawal of four federal prosecutors from Roger Stone’s criminal case after senior Justice Department officials intervened to recommend a sentence that was more lenient than what had been recommended by the prosecution team.  Stone was convicted by a Washington, D.C., jury of seven criminal offenses late last year, including five counts of lying to congress, one count of witness tampering, and one count of obstruction.  Keep reading for more news.

Read more