This post summarizes opinions issued by the Court of Appeals of North Carolina on November 5, 2019.
“No” Will Mean “No” in North Carolina
Two years ago I wrote a blog post about North Carolina’s unusual stance on rape and consent. In its 1979 decision in State v. Way, 297 N.C. 293 (1979), the North Carolina Supreme Court appeared to take the position that if a woman consents to sexual intercourse and in the middle of the act changes her mind, the defendant is not guilty of rape for continuing to engage in intercourse with her. In my lengthy blog, I suggested ways to distinguish or limit the antiquated approach in Way. This post need not be nearly as long. Last week, the General Assembly enacted Senate Bill 199, which revised the elements of rape and other sexual offenses to recognize the right to revoke consent, whether or not sexual intercourse or another sexual act has begun. If signed by the Governor (the Governor has signed the bill), the law will apply to offenses committed on or after December 1, 2019.
Case Summaries — Supreme Court of North Carolina (November 1, 2019)
This post summarizes three opinions issued by the Supreme Court of North Carolina on November 1, 2019.
Case Summaries–Fourth Circuit Court of Appeals (Oct. 2019)
This post summarizes published decisions from the Fourth Circuit Court of Appeals that may be of interest to state criminal practitioners from October, 2019.
News Roundup
The Asheville Citizen Times reports that the city’s police department has implemented a policy that requires officers to use a newly-developed written consent form prior to conducting a consent search. The form makes clear that people giving consent understand that they have a right to refuse the search, that their consent is given voluntarily, and that they understand that evidence discovered during the search may be used against them. Consent to search may still be given verbally, but the form also may be signed by the person who is the target of the search. The Citizen Times says that the new policy is controversial, with some arguing that the policy will reduce racial disparities in policing and others arguing that it will diminish officer safety. The APD’s press release about the new policy is available here. Keep reading for more news
New Rules for Safekeepers
A new law, already in effect as of October 1, 2019, makes some important changes to the process for transferring certain inmates from the county jail to the State prison system for medical or mental health treatment—commonly referred to as safekeepers.
Reducing Impaired Driving 2.0
The National Highway Traffic Safety Administration (NHTSA) recently released this report on fatal motor vehicle crashes in 2018. The number of traffic fatalities nationwide decreased modestly last year as did the number of alcohol-impaired driving fatalities. In North Carolina, the number of fatalities in both categories modestly increased in 2018. In the aggregate, neither the national nor the state numbers reflect much change in the fatality rate associated with traffic crashes generally or impaired driving-related crashes specifically. While there were precipitous declines in alcohol-impaired driving fatalities from 1982 to 2000, since that time the number of impaired driving-related fatalities has remained rather constant. A similar plateau exists for all types of traffic fatalities, for which the fatality rate per 100 million vehicle miles traveled has remained relatively static for the last decade. This flat trend line has safety advocates wondering what they can do, particularly in the impaired driving context, to push the trend line toward zero.
Who is the Victim When a Defendant Steals a Decedent’s Personal Property?
When a defendant steals personal property that belonged to someone who recently died, who should be alleged as the victim in the criminal pleading? I’ve been asked this question several times, so I thought I would try to answer it here on the blog.
News Roundup
The Greensboro News & Record reports that a United States House of Representatives subcommittee will hold a hearing in the city on Monday to hear about how North Carolina has overhauled its efforts to combat human trafficking. The House Subcommittee on Intelligence & Counterterrorism will hear from Randolph County Sheriff’s Office Chief Deputy Aundrea Azelton; Christine Shaw Long, Executive Director of the North Carolina Human Trafficking Commission; Charlotte field office special agent for homeland security investigations Ronnie A. Martinez; and Carl L. Wall II, special agent in charge of the SBI’s human trafficking unit. The hearing, which is open to the public, will focus on information sharing efforts between local, state, and federal officials. Keep reading for more news.
Prior Record Level: What a Defendant Can and Cannot Stipulate To
Under G.S. 15A-1340.14(f), a defendant’s prior convictions can be proved by stipulation of the parties. And they often are. But that doesn’t mean every aspect of a person’s prior record level can be proved by stipulation. Today’s post collects the rules for what a defendant can and cannot stipulate to.