The Supreme Court decided Timbs v. Indiana yesterday, holding that the Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the states under the Fourteenth Amendment. What does the decision mean for North Carolina?
Studies Tout Safety Benefits of Expanded Ignition Interlock
The National Center for State Courts recently published an Ignition Interlock Report reviewing the latest research on ignition interlock programs. Two of the studies cited reported efficacy rates striking enough to attract the attention of any policy wonk interested in highway safety.
The Dr. Jeffrey MacDonald Habeas Case and Actual Innocence
Back in December, the Fourth Circuit ruled on a habeas petition of Dr. Jeffrey MacDonald, denying relief. The case has been winding its way through federal courts for more than 40 years. I wanted to flag it for readers in this post, both as one of the more notorious North Carolina murder cases and as an opportunity to examine the legal principles of actual innocence claims in federal habeas. Fair warning, this post contains some minimal (but grisly) details of the killings.
Bail Reform in North Carolina — What Are the Options?
In my last post, I discussed some of the reasons why stakeholders are interested in bail reform. In this one I explore some of the changes that are being implemented and evaluated.
News Roundup
Governor Roy Cooper announced this week that he will appoint North Carolina Supreme Court Associate Justice Cheri Beasley to replace Mark Martin as Chief Justice when he steps down from the bench later this month. She will be the first black woman to serve as Chief Justice in North Carolina. Beasley has been on the Supreme Court since 2012, and prior to joining the court she served on the North Carolina Court of Appeals and as a District Court Judge in Cumberland County. Cooper will appoint another person to Beasley’s current seat at some point in the future. Keep reading for more news.
Bail Reform in North Carolina—Why the Interest?
Bail reform is a hot topic in North Carolina. It was recommended by Chief Justice Mark Martin’s North Carolina Commission on the Administration of Law and Justice (report here) and jurisdictions across the state are embarking on reform. In this post I discuss some of the reasons why stakeholders are interested in the issue. In a companion post, I discuss reforms that they are implementing and evaluating.
It’s Tax Season… For Drugs
I spent a few years working on drug cases when I was a prosecutor, so I was generally aware that North Carolina has a set of laws that impose taxes on “unauthorized substances.” See G.S. 105-113.105 – 113. Just like cigarettes, cars, or blue jeans, these unauthorized substances are commodities that people buy and sell, so they are subject to taxation by the state.
I was also aware that, not surprisingly, virtually no one pays these taxes or obtains the appropriate “tax stamps” to put on their drugs and moonshine. Instead, the laws are used primarily as a mechanism to pursue civil forfeiture of a defendant’s assets after he or she is convicted of a drug offense.
But recently, I began to wonder – are these laws purely theoretical? Is it even possible for drug dealers to comply? Does the Department of Revenue keep big rolls of stamps behind the counter, like a post office? What would happen if someone walked into a Revenue office one day and said “hello, will you sell me some tax stamps for illegal substances, please?”
I wanted to find out, so that’s exactly what I did.
New Bill Proposes GPS Tracking of Domestic Violence Offenders
A bill has been introduced in the legislature that would allow for GPS tracking of domestic violence offenders. Has that been tried elsewhere? Would it be constitutional? Would it open the door to tracking other types of people? This post tackles those questions.
News Roundup
As the News & Observer and the Charlotte Observer report, dozens of people across North Carolina have been arrested this week by federal Immigrations and Customs Enforcement officers. In Sanford, 27 people were arrested in a raid of Bear Creek Arsenal, a firearms manufacturer. Lee County Sheriff Tracy Carter said that the investigation at Bear Creek was focused on identity theft and fraud. A few hours after the Sanford raid, undercover ICE agents arrested several people in a series of traffic stops in Charlotte. ICE spokespersons said that the incidents were not part of a coordinated effort. At the end of last year, ICE said that it planned to increase its presence in the Raleigh area in response to Wake Sheriff Gerald Baker’s decision to end the county’s cooperation with ICE detainer requests.
2019 Cost Waiver Report Available
The Administrative Office of the Courts has issued its most recent report on cost waivers to the General Assembly. This report covers the first full year of cost waiver data since the General Assembly’s amendment of G.S. 7A-304(a), requiring written notice and an opportunity to be heard for any government entity directly affected by a waiver. Let’s see if that change had an impact on waiver practices.