North Carolina law allows certain inmates to be released from incarceration to return to another country.
Court of Appeals Reconsiders State v. Reed and Again Finds a Fourth Amendment Violation
The court of appeals decided another significant Rodriguez case yesterday, ruling (again) in State v. Reed that the highway patrol trooper who stopped the defendant for speeding on Interstate 95 detained the defendant for longer than necessary to carry out the mission of the stop without reasonable suspicion of other criminal activity.
New Practice Guide: Defense Motions and Notices in Superior Court
I’m happy to announce my first indigent defense practice guide, Defense Motions and Notices in Superior Court. As the title implies, it’s a court-ready guide for practitioners about common defense motions in superior court criminal cases at the trial level. While it is primarily written with non-capital felony cases in mind, the information will hopefully be useful to all criminal defense attorneys.
News Roundup
The Durham Herald Sun reported this week that felony charges against eight people allegedly involved in destroying a Confederate monument in downtown Durham last summer have been dismissed. The criminal cases are not over though, the Herald Sun report says that those charged in the incident will be tried on misdemeanors including injury to personal property, injury to real property, and defacing or injuring a public monument. Apparently, a great deal of public interest in these cases remains, the report says that the courtroom was overloaded with spectators such that some defendants who were in court for unrelated cases couldn’t find a seat. Keep reading for more news.
Terminal CRVs
The Justice Reinvestment Act created confinement in response to violation (CRV) as an alternative to revocation for technical violations (violations other than a new criminal offense or absconding). The theory was that CRV would serve as a temporary intervention for technical violations (90 days for a felony or up to 90 days for a misdemeanor), … Read more
Theft, Possession, and Hendricksen
Defendant commits an armed robbery in county A, obtaining stolen goods that he transports to county B. May the defendant be prosecuted and punished for armed robbery in county A and be separately prosecuted and punished for possession of stolen goods in county B?
Discovery of Officers’ Text Messages
More than a trillion text messages are sent each year in the United States alone. Some of these messages are work-related communications from law enforcement officers to fellow officers, witnesses, prosecutors, and others. Which, if any, of these messages are discoverable? How should officers preserve discoverable messages? Must prosecutors ask for officers’ text messages before providing discovery to the defense? This post begins to address these questions.
News Roundup
The first week of the new year has been unusually cold and a mid-week winter storm created dangerous travel conditions across much of North Carolina. The Highway Patrol already had responded to hundreds of weather-related collisions at the time of writing, and frigid conditions are expected to cause hazardous conditions into the weekend. Thanks to law enforcement, emergency response, and other government agencies for their efforts during and after the storm. Stay safe and keep reading for more news.
Some Additional Thoughts on the New Cost and Fine Waiver Procedures
With the work of the court system picking up steam after its holiday pause—perhaps with an additional interruption for winter weather in some parts of the state (stay safe, everyone)—questions are rolling in about the new notice and hearing procedures for waivers and remissions of costs, fines, and restitution.
Swatting: An Ill-Defined Crime with Potentially Deadly Consequences
I learned a new word on my drive home yesterday: swatting. Ari Shapiro, host of NPR’s All Things Considered, explained in this report that swatting occurs when a person falsely reports a crime in an effort to cause a large group of officers or a SWAT (Special Weapons and Tactics) team to converge on the scene. The prank is associated with video gamers who reportedly have used it as a form of revenge as well as entertainment.