This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on December 15, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
When Child Abuse or Neglect Ends in a Fatality, What Does the Public Have a Right to Know?
The following post is authored by SOG faculty member Kristi Nickodem. A version of this post is also available on the Coates’ Canons and On the Civil Side SOG blogs.
When abuse or neglect leads to the death of a child, concerned citizens, public officials, and members of the media often have questions about the circumstances leading up to the fatality. A North Carolina statute, G.S. 7B-2902, requires any public agency—including law enforcement agencies and departments of social services—to disclose a written summary of particular “findings and information” upon request with respect to child fatalities that meet certain criteria. Within five working days of when a public agency receives such a request, the agency is required to consult with the district attorney who is involved in the case concerning the child’s fatality or near fatality to determine what information may be released. This blog post discusses the responsibilities of public agencies to disclose information under G.S. 7B-2902, circumstances in which information may be withheld from public disclosure, and the role of the district attorney in consulting on what information may be released.
News Roundup
This will be the last news roundup of the year. We’ll likely have a post or two early next week and then go dark for the holidays, returning in early January. We appreciate your readership this year, as well as your feedback, your topic suggestions, and all the other ways that you participate in the blog community. However you may celebrate the season, we wish you a happy and restful break. Read on for a selection of the week’s news.
Annual Report from the Judicial College (2022-2023)
The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has provided for judicial branch officials since the 1930s. Through the Judicial College, the School now offers more courses of interest to mid-and later-career officials and provides that training in small group, interactive educational settings.
We highlight some of those courses, the judicial officials who have participated in them, and our award-winning faculty in our latest annual report. We thought you might like to check it out.
Is Rule 608(b) a Rule of Exclusion?
In State v. Hamilton, No. COA22-847 (N.C. Ct. App. Nov. 21, 2023), the Court of Appeals held the prosecutor’s cross-examination of the defendant about statements he made in open court “was an inappropriate form of impeachment.” Slip Op. p. 13. In support of this conclusion, the Court of Appeals cited, among other things, Evidence Rule 608(b). That rule generally bars evidence of specific instances of a witness’s conduct for the purpose of attacking or supporting his credibility; however, specific instances of conduct may be inquired into on cross-examination if probative of truthfulness or untruthfulness. N.C.G.S. § 8C-1, Rule 608 cmt. This post examines the use of Rule 608(b) in Hamilton to determine how a prosecutor can avoid improper impeachment.
Can a Child Be a Passenger on a Motorcycle?
I was driving around with my younger daughter this weekend when she said “I’ve never ridden on a motorcycle.” She’s ten, so she’s obviously too young to pilot one herself. But would it be lawful for her to ride as a passenger?
News Roundup
A longtime North Carolina resident and former professor at East Carolina University was reportedly responsible for a mass shooting on the campus of the University of Nevada at Las Vegas this week. According to the story, the man graduated from a Duke University graduate program in 1991 and taught at East Carolina University in Greenville, NC from 2001 to 2017. He was killed by campus police after allegedly taking the lives of three faculty members and wounding a fourth. He also apparently had a hit list that included ECU employees. Read on for more criminal law news.
Case Summaries: N.C. Court of Appeals (Dec. 5, 2023)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 5, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
