Recent blog posts - 155 of 396

Shortly before Christmas, the state supreme court decided a littering case captioned State v. Rankin, __ N.C. __, __ S.E.2d __, 2018 WL 6714931 (Dec. 21, 2018). The majority ruled that because the indictment “failed to . . . allege all . . . elements of the offense . . . the trial court had no jurisdiction to enter a conviction . . . against defendant.” The rule that the omission of an element is a jurisdictional defect is long-standing law in North Carolina, but many other jurisdictions, including the federal courts, have abandoned it. Chief Justice Martin, in dissent, argued that North Carolina should follow suit. This post summarizes the North Carolina rule, explains the controversy in Rankin, discusses why other jurisdictions have left the rule behind, and considers whether the General Assembly might address the issue.

On Monday, North Carolina leaders attended a ceremonial session of the North Carolina Supreme Court convened to honor the court’s 200th anniversary. The celebratory session featured a documentary video and remarks by current and former justices of the Court. WRAL has a story about the event here and the AOC has a post about it here. Keep reading for more news.

Shea and I are pleased to announce the availability of the 2018 edition of the North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids.

Jonathan wrote last month about reform-minded sheriffs in North Carolina and the actions they can and cannot take with respect to enforcement of federal immigration laws. Reform-minded prosecutors also have been in the news of late. Prosecutors in St. Louis and Kansas City announced last year their plans not to prosecute marijuana possession cases, subject to certain exceptions. Boston’s newly elected district attorney, Rachel Rollins, campaigned on a promise to decline to prosecute fifteen enumerated charges, including shoplifting, larceny under $250, trespassing, and stand-alone resisting arrest charges, absent exceptional circumstances. Closer to home, new Durham district attorney Satana Deberry has said that she does not want her office to prosecute misdemeanors or low-level felonies that originate in schools. The national discussion about these and other suggested reforms has included debate about the extent of district attorneys’ discretion to determine which cases will be prosecuted in their districts. Just what are the duties of a district attorney in North Carolina? And how much discretion may a district attorney exercise in carrying out those duties?

In December, the School of Government held the first week of orientation for new district court judges. The class included thirty-one new judges. Most of the judges took the bench […]

During a Terry stop, an officer who has reasonable suspicion that a suspect is armed and dangerous may frisk the suspect and may confiscate any weapons that the officer finds. Does an officer have the same authority during a traffic stop? In other words, if an officer reasonably suspects that a driver is in possession of a gun, even lawfully, may the officer confiscate the gun for the duration of the stop as a safety precaution? What about during a consensual encounter between an officer and a pedestrian?

Yesterday afternoon, the House passed the bipartisan federal criminal justice reform bill known as the “First Step Act,” sending the bill to President Donald Trump who has said that he will sign it into law.  The News Roundup previously discussed some of the provisions of the bill in this post.  Among other things, the bill gives judges increased discretion in sentencing certain offenses and aims to place prisoners in facilities closer to their homes so that families can visit more often.  This is the final blog post of the year, we’ll resume posting on Monday, January 7.  Enjoy the holidays and keep reading for more news.

As part of this semester’s study abroad program, I asked the 25 Carolina students to identify and write up a memorable London experience. Having given them the nearly impossible task of picking just one experience to memorialize, it’s only fair that I do the same in my last blog post from London.

Can a judge limit a probationer’s right to have children?

That in effect was the question presented in the recent N.C. Supreme Court decision in State v. Melton (Dec. 7, 2018), where the court vacated an attempted murder conviction in a murder-for-hire case. Before getting into the case, let’s review the elements of solicitation and attempt.