Regular readers know that I am interested in the criminal prosecution of Sam Bankman-Fried, who is currently serving 25 years in federal prison for fraudulent activity related to his operation of failed cryptocurrency exchange FTX. I reviewed Michael Lewis’s book about Bankman-Fried and have posted several times about the case. There are now several new developments to report. First, Bankman-Fried has appealed. Reuters reports here that his principal claim is that the trial judge erred by excluding evidence that FTX actually had – at all relevant times – sufficient assets to cover all customer deposits. (The bankruptcy trustee has, in fact, recovered more assets than necessary to pay all creditors, including customers, in full.) Second, Lewis has posted this “personal verdict” about the case, which assuredly will not change the opinions of those who see Lewis as an apologist for Bankman-Fried. Third, Caroline Ellison, Bankman-Fried’s business partner and sometime girlfriend turned prosecution witness, is soon to be sentenced herself. Her presentence report says that under the United States Sentencing Guidelines, her guideline sentence is life without parole. Remarkably, the report recommends probation based on her cooperation. Sentencing Law and Policy has more here, including some interesting details about what Ellison is doing to stay busy while awaiting her (next) day in court. Keep reading for more news.
Case Summaries: N.C. Court of Appeals (Sept. 17, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 17, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
State v. McLean Clarifies the Timeframe for Giving Oral Notice of Appeal to the Court of Appeals
Attorneys practicing in criminal superior court are likely familiar with the process of giving notice of appeal to the appellate division. Under Rule 4(a) of the North Carolina Rules of Appellate Procedure, a defendant can give notice by either (1) giving oral notice of appeal “at trial,” or (2) by filing a written notice of appeal within 14 days after entry of judgment and serving it on the State. A recent case explains what counts as “at trial” for purposes of giving notice of appeal. Under State v. McLean, COA 23-100, ___ N.C. App. ___ (Aug. 6, 2024), oral notice of appeal is considered made “at trial” and therefore timely as long as it is given within the session of superior court, which is typically one week. “[T]he period of time for Defendant to provide timely notice of appeal at trial commenced following sentencing and ended when the court session adjourned sine die.” McLean Slip op. at 8 (citation omitted) (emphasis in original). Although the defendant in McLean gave oral notice of appeal the morning after the pronouncement of the judgment in his case, the timing of the notice was proper, because the session had not yet ended. This post examines the holding and implications of the McLean decision.
Police Liability for Damage to Property
Law enforcement officers sometimes damage property in the course of their work. For instance, they may break down a door while executing an arrest warrant, or may pull up floorboards in the course of conducting a search. This post addresses whether police are liable for the damage they cause.
New Publication on Driver’s License Revocations, Restorations and Privileges
I am thrilled to announce the availability of a new publication, Driver’s License Revocations, Restorations, and Limited Driving Privileges in North Carolina. This is the first School of Government publication that combines information on triggering events and convictions that lead to the revocation of a person’s North Carolina driver’s license, how and when driving privileges may … Read more
Outsourcing Reasonableness: Redefining Defensive Force in State v. Phillips.
Coke claimed the common law was the perfection of reason. Our Supreme Court began its recent opinion in State v. Phillips, No. 281A23 (N.C. Aug. 23, 2024), by citing Coke, albeit for a different proposition (i.e., a person’s home is his castle). Construing G.S. 14-51.2, our Supreme Court held that the legislature has abrogated the common law rule that prohibited excessive force in defense of the home. The trial court erred therefore in instructing the jury that the defendant homeowner did not have the right to use excessive force. This post examines the recent opinion in Phillips.
News Roundup
The most significant criminal law story this week was the mass shooting at Apalachee High School in Barrow County, Georgia. Tragically, two teachers and two students were killed, and at least nine others were wounded. The people injured are expected to live. The suspect, a 14-year-old student at the school, is in custody facing murder charges. The AP reports that the juvenile was previously interviewed by law enforcement in connection with alleged online threats of a school shooting over a year ago. The juvenile’s father has also been charged with second-degree murder and involuntary manslaughter in connection with the shootings. The story notes that this is the 30th mass killing in the United States in 2024. Read on for more of the latest criminal law news.
Case Summaries: N.C. Court of Appeals (Sept. 3, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.