My criminal justice students and I visited the British Library this morning to view an original Magna Carta (several originals were created by hand). I had considered taking them to Runnymede, the fabled meadow where the English barons forced King John to sign Magna Carta over 800 years ago in the year 1215. Apart from the time it would take to get there from London, I learned the British had repurposed the space to suit modern life. Runnymede is now considered an . . .
An Update on Life with and without Parole for Young Defendants
In Miller v. Alabama, 567 U.S. 460 (2012), the Supreme Court held that a sentencing regime that makes life without parole mandatory for a murder committed by a defendant under the age of 18 is unconstitutional. The rule applies retroactively. Montgomery v. Louisiana, 577 U.S. __, 136 S. Ct. 718 (2016). North Carolina amended its statutes to comply with the ruling in 2012, enacting G.S. 15A-1340.19A through -1340.19D to create an option to sentence certain young defendants to life with the possibility of parole after 25 years. Today’s post considers where we are after a half-decade under the new regime.
Unpublished Cases: What’s the Law?
As far as I know, July 21, 2015, was a pretty normal day at the North Carolina Court of Appeals. The court published around a dozen opinions. Most of them dealt with issues like worker’s compensation and equitable distribution, but there were a few criminal cases. One of them was State v. Saldierna, a juvenile interrogation case, which was later reversed. Bob Farb blogged about that here.
In other words, just another day at the office.
The court also released more than 30 additional opinions on the same day, on the same website, written by the same judges, and many of them addressed hot-button criminal topics like lay witness identification of drugs, custodial interrogations of juveniles, sufficiency of a drug indictment, and improper closing arguments.
But those cases were marked as “unpublished,” so we all pretty much just ignored them and pretended they didn’t happen.
Wait… what? What are unpublished cases? We’re told that citing to them is “disfavored,” so are they good law or not? Who decides which cases make the cut for publication? And more importantly — why? In a digital world where cases are available online, what does “unpublished” really mean? And why are we talking about July 21, 2015?
So many questions. I have one or two answers.
School of Government CLE for Private and Public Sector Attorneys
If you find this blog useful and would like to get your CLE from the School of Government faculty and staff who post here, you’re in luck! This fall, we’ll be hosting our first annual CLE event. In keeping with the time of year, we’re calling it Back to School: CLE @ SOG. We’re excited about … Read more
News Roundup
This week it was widely reported that federal investigators have issued subpoenas to the North Carolina State Board of Elections as well as to elections boards in 44 counties in the eastern part of the state requesting the production of millions of voter records. The Associated Press says that the United States Attorney’s Office for the Eastern District of North Carolina issued the subpoenas on behalf of Immigration and Customs Enforcement, suggesting that the underlying investigation concerns illegal voting by people who are not citizens. The AP piece notes that two weeks ago the Eastern District U.S. Attorney announced charges against 19 foreign nationals arising from alleged illegal voting activities. Keep reading for more news.
Criminal Justice Abroad
My wife and I arrived in London yesterday morning, where we will be spending the fall semester. In addition to serving as the faculty director for UNC’s honors study abroad program, I will be teaching an undergraduate course on criminal law and justice. Assuming I’ve done it right, below are pictures of the entrance to our home away from home for the next four months, UNC’s Winston House on Bedford Square in central London.
Mathis Court Rules on Sufficiency of Fraud Charges Based on Bondsman’s Duty to Report
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?