The court of appeals in State v. Mathis, ___ N.C. App. ___ (2018), decided yesterday, considered whether a licensed bail bondsman could be convicted of obtaining property by false pretenses and unlawfully accessing a government computer for submitting false monthly reports to the NC Department of Insurance that omitted some of the outstanding bonds he had issued. The court upheld one conviction but found the evidence insufficient to support the other. Hazard a guess as to which conviction met which fate. Then read on to see how the court ruled and why.
News Roundup
As WRAL reports, former Wake County Register of Deeds Laura Riddick pleaded guilty late last week to felony embezzlement charges arising from her years-long practice of diverting funds from the office for her personal use. Under the terms of Riddick’s plea agreement, she repaid $926,615 that she had taken from the office and will serve a five to seven year prison sentence. The WRAL report says that three other former employees of the deeds office have been charged in connection with the case. Keep reading for more news.
Seeking Suppression for Out-of-Jurisdiction Arrests
Local law enforcement officers do not have statewide territorial jurisdiction to arrest. Instead, they generally are authorized to arrest only within the jurisdictional boundaries of the city or county they serve or on property owned by that city or county. See G.S. 15A-402 (discussed in detail here). Exceptions to the general rule permit out-of-jurisdiction arrests based on immediate and continuous flight and in certain other limited circumstances. When a law enforcement officer makes an arrest outside of his or her territorial jurisdiction, the person arrested may move to suppress the evidence resulting from the arrest. How should a court evaluate whether to grant such a motion?
State v. Hobson and the Presentment Controversy
Presentments have been a hot topic lately and the court of appeals just issued a decision involving a presentment. This post explains the controversy and the significance of the recent opinion.
News Roundup
As the Daily Tar Heel reports, this week a group of protesters on UNC campus used ropes to pull down the controversial Confederate monument known as Silent Sam; the protesters then covered the statue in dirt before it was removed by heavy equipment from McCorkle Place. Chancellor Carol Folt explained in a statement that the monument “has been divisive for years” but criticized the “unlawful and dangerous” act of vandalism. Time magazine published a story about the history of the statue that recounts decades of protests involving Silent Sam and includes excerpts of the speech delivered at the dedication of the statue in 1913 by Julian Carr. Carr’s full remarks, including a personal anecdote where he boasted of violently assaulting a black woman within 100 yards of the site of the monument, are available here. Keep reading for more news.
State v. Murphy and Restitution for Unconvicted Conduct
In 2010, I wrote a post asking, “Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction?” The court of appeals answered that question this week in State v. Murphy.
The License Revocation that Immediately Follows Arrest for DWI
I spent much of the afternoon teaching magistrates, and one of the topics we covered was the immediate license revocation that often is ordered upon a person’s arrest for impaired driving.
Court of Appeals Approves Justification Defense for Firearm by Felon
For several years now, it has been an open question in North Carolina whether a justification defense to possession of firearm by felon is available. John Rubin blogged about the issue back in 2016, here. Our courts have assumed without deciding that the defense might apply in several cases but have never squarely held the defense was available, finding instead in each previous case that defendants didn’t meet the admittedly rigorous standards for the defense. This month, the Court of Appeals unanimously decided the issue in favor of the defendant. In State v. Mercer, ___ N.C. App. ___ (August 7, 2018), the court found prejudicial error in the trial judge’s refusal to instruct the jury on justification in a firearm by felon case and granted a new trial. Read on for more details.
Turner Reversed
Last week, the state supreme court unanimously reversed State v. Turner, __ N.C. App. __, 793 S.E.2d 287 (2016), and held that any “any criminal pleading that establishes jurisdiction in the district court should toll the two-year statute of limitations” set forth in G.S. 15-1. It did so in a case named State v. Curtis. This post recaps the Turner controversy and unpacks the ruling in Curtis.