Recent blog posts - 155 of 398

Getting Ready for Raise the Age Implementation (February 26, 2019)

North Carolina now sits ten months away from implementation of the Juvenile Justice Reinvestment Act (JJRA), widely referred to as “Raise the Age.” I had the opportunity to attend a summit hosted by Justice Initiatives in Charlotte last week focused on readiness for raise the age implementation. The recent report from the Juvenile Jurisdiction Advisory Committee (JJAC) is full of information about what still needs to be done for optimal implementation. The recommendations contain two major themes: provide legislative fixes to avoid unintended consequences and fully fund the new system.

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What Last Week’s Supreme Court Opinion May Tell Us about the Current Court (February 25, 2019)

Last week, the Supreme Court issued a per curiam opinion summarily reversing the Texas Court of Criminal appeals and finding that a death row inmate has an intellectual disability. The case doesn’t break new doctrinal ground but it offers some possible insights about how several Justices on the newly constituted Court are positioned on capital cases.

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News Roundup (February 22, 2019)

There were hearings this week before the State Board of Elections regarding the 9th Congressional District race involving alleged absentee ballot fraud.  At least one person, Lisa Britt, admitted that she collected dozens of absentee ballots and forged or backdated signatures on the ballots.  Candidate Mark Harris’s son John Harris, an Assistant U.S. Attorney for the Eastern District of North Carolina, testified that he warned his father that he believed that McCrae Dowless may have been engaging in illegal activity in connection with absentee ballots.  Wake County District Attorney Lorrin Freeman, whose office is involved in the Bladen County investigation in order to avoid potential conflicts of interest from the local DA’s office, said that none of the people testifying before the State Board of Elections has an immunity deal in the parallel criminal investigation.  Keep reading for more news.

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The Dr. Jeffrey MacDonald Habeas Case and Actual Innocence (February 19, 2019)

Back in December, the Fourth Circuit ruled on a habeas petition of Dr. Jeffrey MacDonald, denying relief. The case has been winding its way through federal courts for more than 40 years. I wanted to flag it for readers in this post, both as one of the more notorious North Carolina murder cases and as an opportunity to examine the legal principles of actual innocence claims in federal habeas. Fair warning, this post contains some minimal (but grisly) details of the killings.

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News Roundup (February 15, 2019)

Governor Roy Cooper announced this week that he will appoint North Carolina Supreme Court Associate Justice Cheri Beasley to replace Mark Martin as Chief Justice when he steps down from the bench later this month.  She will be the first black woman to serve as Chief Justice in North Carolina.  Beasley has been on the Supreme Court since 2012, and prior to joining the court she served on the North Carolina Court of Appeals and as a District Court Judge in Cumberland County.  Cooper will appoint another person to Beasley’s current seat at some point in the future.  Keep reading for more news.

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Bail Reform in North Carolina—Why the Interest? (February 14, 2019)

Bail reform is a hot topic in North Carolina. It was recommended by Chief Justice Mark Martin’s North Carolina Commission on the Administration of Law and Justice (report here) and jurisdictions across the state are embarking on reform. In this post I discuss some of the reasons why stakeholders are interested in the issue. In a companion post, I discuss reforms that they are implementing and evaluating.

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