Several years ago (some might say that’s an understatement) I wrote The Law of Self-Defense in North Carolina, in which I looked at over 200 years’ worth of North Carolina court opinions on self-defense and related defenses, such as defense of others and defense of habitation. The book’s approach reflected that North Carolina was a common law state when it came to self-defense. The right to act in self-defense depended primarily on the authority of court decisions. The General Assembly’s adoption in 2011 of three defensive force statutes—G.S. 14-51.2, G.S. 14-51.3, and G.S. 14-51.4—changed that. An understanding of the law of self-defense in North Carolina now must begin with the statutory law of self-defense.
Court of Appeals “Capps” Prosecutors’ Use of Statements of Charges in Superior Court
The ability to file a misdemeanor statement of charges is a superpower for district court prosecutors, enabling them to overcome virtually any error in a criminal pleading with the stroke of a pen. Arraignment in district court is kryptonite, robbing the superpower of its efficacy. This dynamic was on full display in State v. Capps, __ N.C. App. __, __ S.E.2d __, 2019 WL 2180435 (May 21, 2019), a recent opinion by the court of appeals.
News Roundup
Late last week a federal judge in Raleigh vacated Charles Ray Finch’s 1976 state conviction for murder and ordered that he be released from North Carolina prison after being incarcerated for 43 years for a killing that he did not commit. Finch is a client of the Wrongful Convictions Clinic at Duke Law School and Professor James Coleman Jr., the clinic’s co-director, served as his lead counsel. When Finch was convicted, he received a mandatory death sentence. That sentence was commuted to life without parole after the mandatory death penalty statute was held unconstitutional by the U.S. Supreme Court in Woodson v. North Carolina. Keep reading for more information about Finch’s case and other news.
PJCs for Serious Felonies
Sometimes prayer for judgment is continued on a serious (Class B1–E) felony conviction to give a defendant time to demonstrate good behavior before sentencing. What happens if that PJC extends beyond the time limitations set out in G.S. 15A-1331.2? Does the court lose jurisdiction to enter judgment in the case and sentence the defendant?
Improving North Carolina’s Criminal Court Date Notification System
Failures to appear in court (FTAs) are expensive and inconvenient. There is wasted preparation and court time, along with cost and inconvenience for witnesses, jurors, defense lawyers, prosecutors and victims. The defendant may be subject to arrest and possibly pretrial incarceration. Additionally, when an order for arrest issues after a FTA, law enforcement officers are tasked with taking the defendant into custody. And the arrest requires additional court time, both for the required initial appearance before a magistrate and any subsequent bond review proceedings.
When Does Delinquency Result in Abuse, Neglect, or Dependency?
A juvenile may be involved with both the juvenile justice and child welfare systems. These youth are sometimes referred to as “dual jurisdiction” or “crossover youth.” Two of the ways a juvenile in North Carolina may be involved with both systems is when the juvenile is the subject of a delinquency action, and
(1) in that action, the court orders the juvenile placed in DSS custody or guardianship (G.S. 7B-1902‒1907; -2506(1)c.; -2001); and/or
(2) there is also cause to suspect that the juvenile is abused, neglected, or dependent, which if substantiated by a county child welfare agency (hereinafter “DSS”) may result in a separate abuse, neglect, or dependency action that the juvenile is the subject of.
News Roundup
The Herald Sun reported this week that Durham and several other cities across the state are moving previously untested rape kits into the evidence analysis process in an effort to clear North Carolina’s significant backlog of untested kits. Asheville has submitted the most kits for testing, followed closely by Durham and Winston-Salem. The article says that Attorney General Josh Stein has asked for additional funds for the State Crime Lab to provide more capacity for testing. Last year, a statewide inventory found that North Carolina had the largest backlog of untested kits in the nation.
We’ll return to blogging on Tuesday following the Memorial Day holiday. Keep reading for more news.
A Visit to the Burke CRV Center
Another stop on the recent North Carolina Judicial College Correctional Facilities Tour was the Burke CRV Center in Morganton. Today’s post shares what we learned about defendants ordered to serve 90 days of confinement in response to violation for a technical violation of probation or post-release supervision.
To Prove Aggravating Factors for DWI in Superior Court, State Must Provide Notice
One person convicted of misdemeanor impaired driving may be placed on probation and ordered to complete 24 hours of community service. Another may receive an active sentence of three years’ imprisonment. The severity of the sentence depends largely on the presence of aggravating factors, which must be proved by the State.
When a misdemeanor impaired driving conviction entered in district court is appealed for trial de novo in superior court, the State must notify the defendant no later than ten days before trial that it intends to prove one or more aggravating factors. G.S. 20-179(a1)(1). If the State fails to provide that notice, the factors may not be used by the superior court to determine the defendant’s sentence. The court of appeals recently affirmed in State v. Hughes, ___ N.C. App. ___ (April 16, 2019), that there is no exception to this rule for aggravating factors that were found by the district court below.
