When a defendant has multiple charges adjudicated together in the same hearing or trial, and those charges arose from the same underlying event or transaction, the court should assess costs only once. That’s the new rule according to State v. Rieger, a case recently decided by the court of appeals.
Changing Charges after State v. Bryant
Brittany Bryant was charged with misdemeanor larceny for allegedly stealing acne toner and towelettes valued at $14.94 of from a Wal-Mart in Raleigh. The prosecutor agreed to reduce the charge from larceny to shoplifting. She accomplished that in a manner familiar to district court practitioners. She struck through the charging language of the citation, wrote in “shoplifting,” and initialed and dated the document. Bryant then pled guilty to shoplifting by concealing merchandise and was sentenced.
Bryant later sought to set aside her conviction on the basis that the prosecutor improperly amended the citation. The court of appeals agreed, holding in State v. Bryant, ___ N.C. App. ___ (October 1, 2019), that the amendment was improper and deprived the district court of jurisdiction.
Bryant has left many wondering how misdemeanor charges may be amended to charge different, and less serious, offenses without subjecting the convictions to collateral attack.
Case Summaries–Fourth Circuit Decisions (Sept. 2019)
This post summarizes published decisions from the Fourth Circuit of interest to state practitioners from September, 2019.
Trespass and Public Buildings
A person commits first-degree trespass when he or she “without authorization . . . enters or remains . . . in a building of another.” G.S. 14-159.12(a). But aren’t members of the public “authoriz[ed]” to enter public buildings? And given that public buildings belong to all of us, do they even count as buildings “of another”? In other words, is it possible to commit a trespass in a public building?
News Roundup
As WRAL reports, former state congressman and state Republican Party chairman Robin Hayes pleaded guilty in federal court this week to lying to the FBI during a bribery investigation involving political donor Greg Lindberg. Hayes was accused of helping Lindberg, who also has been indicted along with two associates, attempt to bribe North Carolina Insurance Commissioner Mike Causey for favorable treatment of Lindberg’s insurance businesses. Causey reported the scheme and worked with federal authorities during the investigation. Conspiracy and bribery charges, as well as additional charges of lying to the FBI, were dismissed as part of a plea deal that requires Hayes to cooperate with the government in related prosecutions. Keep reading for more news.
The Past, Present, and Future of the NC Racial Equity Network
Five years ago, the UNC School of Government published a unique manual, Raising Issues of Race in North Carolina Criminal Cases, as part of our Defender Manual Series. Supported by a grant from the Z Smith Reynolds Foundation, the manual examines how issues of race and bias can improperly influence criminal processes and outcomes, and it suggests strategies for lawyers to consider when addressing these issues. I coauthored the manual with former Defender Educator Alyson A. Grine, Professor John Rubin edited it, and a stellar volunteer advisory board, including James Williams, Tye Hunter, Rich Rosen, Mary Pollard, and Breana Smith, provided guidance during the creation of the manual.
Case Summaries: 9/27/19 and 10/1/19
This post provides summaries of the published criminal opinions issued by the North Carolina Supreme Court on September 27, 2019, and the North Carolina Court of Appeals on October 1, 2019.
A Quarter-Century of Structured Sentencing
The governor has proclaimed today, October 1, 2019, as Structured Sentencing Day. It has been 25 years since North Carolina’s primary sentencing law for felonies and misdemeanors came into effect. Let’s take a moment to reflect on a quarter-century of grid-based sentencing.
Comparing the Role Victims Play in Criminal Court: Mexico vs. North Carolina
Two years ago, I wrote about training prosecutors, forensic experts, and investigative police in Mexico. I’ve been back a couple of times since, including last week. Each time I learn something that makes me reflect on the workings of our own justice system. On my most recent trip, I learned more about the role of the victim in Mexico, and it got me thinking about the role of the victim in our criminal courts.
News Roundup
The North Carolina Department of Public Safety announced this week that it will temporarily suspend operations at three prisons to alleviate high staff vacancy rates and enhance safety and security in the state prison system. The announcement says that the statewide average correctional officer vacancy rate in August was 21% and that “[t]his level of staffing impacts operations . . . [and] negatively impact[s] the delivery of offender programs.” Operations will be suspended at Hoke Correctional Institution, Tyrrell Prison Work Farm, and Odom Correctional Institution. Employees at those prisons will be redeployed to nearby facilities. The News Roundup previously has noted that understaffing has been a problem at certain North Carolina prisons in recent years and may have been a factor in a deadly escape attempt at Pasquotank Correctional Institution in 2017. Keep reading for more news.