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This week several North Carolina news outlets jointly reported that a nurse at Caswell Correctional Center, Barbara Anne Stewart, died earlier this month after testing positive for the coronavirus.  Stewart, who fell ill in late March, had worked for the Department of Public Safety for more than 25 years according to the report.  The North Carolina Department of Labor now is investigating her death, including examining whether any violations of health and safety standards contributed to her illness.  Keep reading for more news.

This post was updated on May 22, 2020 to include discussion of a May 21, 2020 order extending deadlines in criminal cases and a May 14, 2020 order from the North Carolina Supreme Court. 

Chief Justice Cheri Beasley entered an order today imposing eight new emergency directives (Directives 9 -16) to address court operations during the COVID-19 pandemic. The Chief Justice entered a separate order extending time for documents to be filed and acts due to be done in criminal cases in the trial courts.

As the courts expand operations in the coming months, they’ll likely be holding probation violation hearings on cases where the probation period has already expired. A case decided by the Court of Appeals yesterday offers some insight into the type of findings needed to give a court jurisdiction to act.

I am happy to announce that today is Ian Mance’s second day as a Resource Attorney with the Public Defense Education group at the School of Government. For the next six months, Ian will serve as an educational resource for attorneys representing indigent defendants and respondents regarding the impact of COVID-19 on the courts and criminal justice system. You can reach Ian, pictured below, at mance@sog.unc.edu. Please let us know the issues you believe need to be addressed.

My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, […]

The Los Angeles Times reported late Wednesday night that federal law enforcement agents seized North Carolina Senator Richard Burr’s cellphone while serving a search warrant at Burr’s Washington, D.C., residence.  The LA Times report also says that agents served a warrant on Apple in recent days to obtain information from Burr’s iCloud account.  The search warrants come as an investigation intensifies into whether Burr profited off of nonpublic information about the coronavirus in the early days of the pandemic by selling significant investment holdings prior to the downturn in the stock market.  On Thursday morning, Burr announced that he would step down as Chairman of the Senate Intelligence Committee.  Keep reading for more news.

This post summarizes published criminal and related decisions of interest from the Fourth Circuit Court of Appeals in April 2020. Previous summaries of Fourth Circuit criminal cases can be found here.

As Shea discussed on Monday, the court system will look to expand operations on June 1. Today’s post describes a few of the issues related to probation that are likely to arise in the months ahead.

Over the past couple weeks, North Carolina has joined the growing list of states in which armed demonstrators have gathered to express their opposition to virus-related restrictions on economic activity and social gatherings, or to more generally express their opposition to any restrictions on their Second Amendment rights. Dressed in patriotic or military-style gear, and armed with a variety of openly displayed handguns, rifles, or even an (inert) AT-4 anti-tank weapon, these groups have processed along city streets and sidewalks or gathered in public locations like a historic cemetery and a downtown restaurant.

Now, particularly in light of an incident over the weekend where two local attorneys walking with their children felt threatened by a demonstrator wielding a large pipe wrench, a lot of people are asking the same question: are these armed demonstrations legal?

The question seems simple. The answer is more complicated.

In regular times, North Carolina’s state courthouses are high traffic venues, filled with employees, attorneys, media, law enforcement officers, and members of the public. Much of the work that transpires in these venues takes place through in-person interactions. Litigants file pleadings and other paperwork with the clerk’s office. Attorneys meet with clients, witnesses, law enforcement officers, and victims to explain proceedings, negotiate pleas, discuss schedules, and prepare for hearings and trials. Reporters often are on-hand to report on cases, activities, and trends of interest. Some law enforcement officers appear to testify; others are there to provide security. And then there is the public. Hundreds of defendants may appear on any given criminal district court docket. Many of them are accompanied by friends or family members. Some defendants seek to have an attorney appointed; others ask for a continuance. Some plead guilty in open court, and others submit a waiver of appearance, admission of guilt, and pay fines and costs to the clerk to resolve outstanding charges. Victims also appear to observe the disposition of a criminal cases in which they were harmed. Many of these people–defendants, friends, family, and victims alike–may spend hours sitting shoulder to shoulder in a crowded courtroom before completing their business before the court.

The courthouse scene has been dramatically different and has involved significantly fewer in-person interactions in the weeks since Chief Justice Cheri Beasley entered her first COVID-19 emergency directive on March 13, 2020. While courts have remained opened, and judges have continued to hear emergency and time-sensitive matters, regular sessions of criminal court have largely ceased in most districts. Most criminal cases have been continued until June 1, 2020 or later pursuant to the Chief Justice’s directives. With June 1 just a few weeks away and with the Governor slowly easing COVID-19 restrictions, court officials are now considering how they can resume some of their previous in-court activities while ensuring the safety of everyone present in the courthouse—from employees to the public.