Last month the News Roundup noted that a federal judge had vacated Charles Ray Finch’s 1976 state conviction for murder. That ruling followed the Fourth Circuit’s decision earlier this year that Finch was entitled to a hearing on the merits of an untimely habeas petition because he met the actual innocence standard required to overcome his untimeliness. The Wilson Times reports that this week the Wilson County District Attorney’s Office formally dismissed the murder charge against Finch and will not retry him. The article says that Finch now will petition Governor Cooper for a pardon, which, if granted, would entitle him to compensation for the 40 years he spent in prison. Keep reading for more news.
A “Single Superior Court” for Prior Record Level Purposes
Under G.S. 15A-1340.14(d), when a defendant has more than one prior conviction from a “single superior court during one calendar week,” only the most serious of them counts for prior record points for felony sentencing. What is a “single superior court”?
Flowers v. Mississippi
Late last week the United States Supreme Court decided Flowers v. Mississippi, 588 U.S. ___, ___ S. Ct. ___ (Jun. 21, 2019), holding in the context of a Batson challenge that the trial court committed clear error in concluding that the State’s peremptory strike of a black prospective juror was not motivated in substantial part by discriminatory intent. This post provides a summary of Flowers and also contains links to other School of Government resources discussing Batson.
Using DSS Custody in Delinquency Cases – Key Takeaways
My colleague, Sara DePasquale, and I were excited to release a new Juvenile Law Bulletin two weeks ago—Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work? We were also exhausted. While the laws that allow for courts to order juveniles into DSS custody in a delinquency proceeding are short, their implications are broad and complex. Sara’s blog announcing the bulletin, Extra! Extra! Read All About It! New Juvenile Law Bulletin – Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work?, provides some suggestions about reading the bulletin in bite-sized chunks. Now that readers have had a chance to do that, let’s focus on a few of the key points for delinquency practitioners.
- the proceeding remains a delinquency proceeding although the juvenile is in the custody of DSS;
- the only attorney who will represent a juvenile placed in DSS custody through a delinquency proceeding is the juvenile’s counsel in the delinquency matter;
- termination of probation does not automatically terminate DSS custody; and
- implementation of the Juvenile Justice Reinvestment Act (a.k.a. “raise the age”) could result in a new challenge for DSS placements.
May Search Warrants for Cell Phones Include Connected Cloud Services?
While preparing to teach a recent class about search warrants for digital devices, I spoke with a number of experts in digital forensics. Each conversation was very helpful. Almost all of them touched on an issue I’d never previously considered: whether search warrants for cell phones do or may include the authority to search connected cloud services.
News Roundup
As the News Roundup noted last week, bills in the General Assembly that would require Sheriffs to cooperate with federal immigration enforcement efforts are causing some controversy. The News & Observer reports that the Sheriffs of Mecklenburg, Buncombe, and Wake counties attended a Senate Judiciary Committee meeting this week to express their opposition to House Bill 370, proposed legislation that essentially requires local law enforcement officials to cooperate with ICE and provides a mechanism to remove officials from office for failing or refusing to do so. This piece from the Daily Advance says that some Sheriffs in other jurisdictions have no problems with the bill. Keep reading for more news.
Study: Mecklenburg County’s Bail Reforms Lead to Increased Release Rates but no Significant Increase in FTAs or New Criminal Activity
A new report evaluates the impact of Mecklenburg County’s bail reforms. Cindy Redcross et al., MDRC Center for Criminal Justice Research, Evaluation of Pretrial Justice System Reforms That Use the Public Safety Assessment: Effects in Mecklenburg County, North Carolina (2019) [hereinafter Evaluation]. The big take away? Mecklenburg released more defendants but did not see a significant increase in failures to appear (FTAs) or new criminal charges during the pretrial period. Id. at 2. Read on for details.
Case Summaries – NC Court of Appeals
For many years, our colleague Jessie Smith prepared summaries of appellate cases and sent them out via the School of Government’s criminal law listserv. Because she is transitioning her work to focus on criminal justice policy, she will not be summarizing cases anymore, but several of us will collaboratively carry on the service. We will continue to send the summaries out using the listserv, and we are also going to post them here on the blog. Summaries of North Carolina Court of Appeals opinions from June 18, 2019 are provided below.
State v. Copley: Addressing Race During Closing Argument
Last month, the North Carolina Court of Appeals decided State v. Copley, __ N.C. App. __, 2019 WL 1996441 (May 7, 2019), in which a divided panel held that the trial court abused its discretion by overruling the defendant’s objections to the prosecutor’s remarks about race during closing argument. For that reason, the Court vacated the defendant’s first degree murder conviction. This post discusses the law governing when parties in a criminal trial may discuss issues of race, as well as emerging strategies for mitigating the effects of implicit racial bias on decision-makers.