Last week, as part of the North Carolina Judicial College’s Correctional Facilities Tour (West), I visited the Black Mountain Substance Abuse Treatment Center for Women. Today’s post shares some things we learned about Black Mountain—North Carolina’s one and only state-run community-based residential substance abuse treatment program for women on probation or parole.
Prosecutors, Ethics, and Plea Bargaining in Misdemeanor Cases
The American Bar Association published a formal ethics opinion last week advising prosecutors of their duties in plea bargaining with defendants charged with misdemeanor offenses. The opinion is one part scathing indictment of the process for prosecuting petty offenses across the country and one part ethical advice for prosecutors.
Rules 803(7) and 803(10): Absence of Records
Let’s start with a brainteaser:
If there are no North Carolina criminal appellate cases citing to Rules of Evidence 803(7) or 803(10), does that prove that the rules are never used?
If you know your rules of evidence, then you get it. (You’re probably not that amused… but you get it.) If you need a quick refresher on these two rules, or an explanation of why it would be surprising that there are virtually no criminal appellate cases mentioning either of them, read on.
Warrantless Use of Drones
WRAL recently reported that “the Johnston County Sheriff’s Office . . . flew a drone over [private] property . . . to locate [stolen construction] equipment.” According to the story, the overflight may have been conducted without a warrant as “[t]here was no . . . warrant on file at the Johnston County Courthouse.” Can they do that?
News Roundup
Just a week after the tragic school shooting in Charlotte at UNCC, a Colorado student was shot dead and eight others were injured in an attack at STEM School Highland Ranch, a high school near Denver. Two STEM students, Alec McKinney and Devon Erickson, are accused of using handguns to attack their schoolmates in an English class on Tuesday afternoon. An 18-year-old student, Kendrick Castillo, was killed when he tackled one of the shooters to protect his classmates. Keep reading for more news.
New Interstate Compact Bench Book Available
The national office for the Interstate Compact for Adult Offender Supervision (ICAOS) recently published its new Bench Book for Judges. They asked me to pass it along.
Bail Reform in North Carolina: Orange County Reforms
In this post, part of a series on bail reform in North Carolina, I highlight reforms that have been implemented in Orange County, North Carolina. My goal in doing so is to provide models and points of contact for jurisdictions interested in these efforts. If you’d like your jurisdiction’s work highlighted here, please reach out to me.
Acceptance of Alford Guilty Pleas
In North Carolina v. Alford, 400 U.S. 25 (1970), the United States Supreme Court concluded that it is constitutionally permissible for a defendant who does not admit guilt to enter a plea of guilty. Such a plea, now known as an Alford plea, is constitutional as long as the defendant “voluntarily, knowingly, and understandingly” enters the plea and there is a “strong factual basis” for the plea. The Court left to each state how to handle such pleas—whether to prohibit them, to allow each judge to decide whether to accept them, or to require their acceptance. Which category is North Carolina in?
Update on Community Caretaking
The court of appeals just decided another case on the community caretaking doctrine. It’s the fourth published community caretaking case in the last five years, and there have been a couple of unpublished ones as well. The activity in the appellate division suggests that the doctrine is being invoked much more frequently in the trial courts. This post explains the new case and provides a quick refresher on the older ones.
News Roundup
Tragedy struck North Carolina this week when a 22-year-old man killed two UNC Charlotte students and injured four others in a campus shooting on the last day of classes. The Charlotte Observer reports that on Tuesday evening a former UNCC student, Trystan Andrew Terrell, used a handgun to attack students in a science and technology course that he had attended at one time. Riley Howell of Waynesville and Ellis Parlier of Midland lost their lives in the attack; our thoughts are with their families and friends, along with everyone else affected by the shooting. Keep reading for more news.