In a dramatic development in an already dramatic case, Jeffrey Epstein was found dead over the weekend of apparent suicide in the Manhattan jail where he was being detained prior to trial on sex trafficking charges. Epstein’s death has generated a tremendous amount of news, ranging from criticism of his supervision to conspiratorial speculation about whether he was murdered. It is being reported that two guards at his unit, one of whom wasn’t even a fully credentialed correctional officer, fell asleep and didn’t check on Epstein for several hours prior to his death. They later falsified records to cover up that lapse. Attorney General William Barr has ordered the Justice Department’s inspector general to investigate Epstein death. Keep reading for more news.
Nonresident Registrants
In a previous post I wrote about the complexities of putting people on North Carolina’s sex offender registry for crimes committed in another state—including how a federal court found the lack of legal process for doing so unconstitutional, and how over half of the records I checked appeared to be incorrect. Today’s post considers the related issue of people on North Carolina’s registry who do not actually live in the state. Over 5,500 of the 25,000 people on North Carolina’s sex offender registry don’t reside here. Should they be on North Carolina’s registry at all? It’s not clear.
What’s the Crime When School Bathroom Graffiti Mentions a Bomb?
Author’s note: The opinion discussed below was withdrawn and replaced by In re D.W.L.B, ___ N.C. App. ___ (Sept. 17, 2019). The new opinion concludes, for the same reasons provided in the earlier opinion, that the petition failed to allege that the juvenile made a false report concerning mass violence. The new opinion omits the portion of the earlier opinion holding that the petition properly alleged a violation of graffiti vandalism, explaining that even though the petition alleged facts that could constitute the crime of graffiti vandalism, the petition did not put the juvenile on notice that he needed to defend against a graffiti vandalism charge.
An elementary school student writes “BOMB INCOMING” on the wall of the boys’ bathroom at school. The student does not, in fact, know of any plans to bomb the school and has made no such plans himself. Has the student committed a crime or an act of juvenile delinquency? If so what crime or crimes has he committed?
Populate the poll below with your answer or answers and keep reading for mine.
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Venue Vexation
When you open a discussion by saying “I came across a really interesting venue issue the other day,” reactions typically range from “I doubt it” to “could we please talk about something else?”
But hear me out on this one — it’s a puzzler.
Shooting an Officer the Bird
Editor’s note: The opinion analyzed in this post was withdrawn shortly after publication and replaced with this opinion reaching the same outcome.
Last week, in State v. Ellis, __ N.C. App. __, __ S.E.2d __, 2019 WL 3559644 (N.C. Ct. App. Aug. 6, 2019), a divided panel of the court of appeals held that a trooper properly stopped a vehicle “after witnessing . . . a passenger in [the] vehicle . . . extend his middle finger in the trooper’s general direction.” The majority acknowledged that “there are a number of decisions from courts across the country [holding] that one cannot be held criminally liable for simply raising his middle finger at an officer.” Yet it ruled that the defendant’s conduct provided reasonable suspicion of criminal activity, namely, disorderly conduct. See generally G.S. 14-288.4(a)(2) (making it unlawful to make a gesture “intended and plainly likely to provoke violent retaliation”). Let’s take a closer look at Ellis.
News Roundup
The Winston-Salem Journal reports that nearly 150 people attended a candlelight vigil this week in honor of Julius Randolph Sampson Jr., who was shot and killed Tuesday at Hanes Mall in Winston-Salem where he worked. Sampson’s shooting death has attracted significant attention in Winston, as there is some indication that Sampson and the suspect in the shooting, Robert Anthony Granato, exchanged racial epithets during the incident, prompting questions from some about whether race was a motivating factor in the shooting. Winston-Salem Police Chief Catrina Thompson said in a news conference on Wednesday that investigators have not uncovered evidence suggesting that the shooting was racially motivated. The North Carolina NAACP has called for a full investigation into whether race was a factor in the shooting. Keep reading for more news.
Case Summaries – N.C. Court of Appeals
Continuing our new practice of posting North Carolina appellate court case summaries to the blog, this post provides summaries of the North Carolina Court of Appeals opinions published on August 6, 2019.
Fundamental Principles of Statutory Self-Defense
The common law right to use defensive force in North Carolina rests on three fundamental principles: necessity, proportionality, and fault. Ordinarily, when a person uses defensive force, the force must be reasonably necessary to prevent harm; the force must be proportional to the threatened harm; and the person using defensive force must not be at fault in the conflict. See John Rubin, The Law of Self-Defense § 2.1(b), at 14–15 (UNC School of Government, 1996). North Carolina’s new statutes on defensive force continue to rely on these principles. As under the common law, the statutes do not always refer to these principles in describing the circumstances in which a person may use defensive force. But, as this post is intended to show, the basic principles of necessity, proportionality, and fault remain central to the statutory rights.
“Updating” a Criminal Summons
What happens when a magistrate issues a criminal summons for a defendant but the defendant can’t be located until after the court date on the summons has passed? For example, suppose that Magistrate Morales issues a criminal summons on January 1. The summons orders Defendant Daniels to come to court on February 1 to answer a charge of misdemeanor larceny of his neighbor’s lawnmower. No law enforcement officer is able to locate and serve Daniels until February 14, when Officer Oxendine spots Daniels enjoying a Valentine’s Day meal out with his girlfriend. What’s the officer supposed to do?