The court of appeals recently addressed an issue that has divided courts elsewhere: whether defense counsel may present an insanity defense without the defendant’s consent. The court ruled that defense counsel may not do so, stating that “because the decision of whether to plead not guilty by reason of insanity is part of the decision of what plea to enter, the right to make that decision is a substantial right belonging to the defendant.”
News Roundup
The International Criminal Tribunal for the former Yugoslavia, a United Nations tribunal established to prosecute war crimes committed during the Yugoslav Wars, was the scene of a dramatic act of defiance this week. As the New York Times reports, after it was announced that his 20-year sentence for war crimes and crimes against humanity had been upheld, Slobodan Praljak rose to his feet and declared “Slobodan Praljak is not a war criminal, I reject your judgment with contempt.” Praljak then swallowed the contents of a small container and announced that he had taken poison; he died shortly thereafter. Keep reading for more news.
Wishing LaToya Well as She Leaves the SOG
[Editor’s note: This post first appeared on the SOG’s civil law blog, On the Civil Side. It is cross-posted here because of the connection between juvenile delinquency and criminal law, and because many of our readers know LaToya Powell as our faculty expert on juvenile delinquency.]
This is a bittersweet post as it is a goodbye to my friend and colleague, LaToya Powell, who has decided to leave the School of Government (SOG). [Today] is her last day, and I hope you will join me in wishing her well.
Turkey Pardons
Last week, President Trump pardoned Drumstick, a 36-pound turkey. What’s the legal basis for the annual ritual of a president pardoning a turkey? When did the tradition start? And what becomes of the birds post-pardon? This post gives you authoritative information about turkey pardons.
News Roundup
As the Los Angeles Times reports, notorious cult leader and convicted murderer Charles Manson died this week of natural causes at the age of 83. Manson had spent the past five decades in prison in California for his involvement in a string of murders in the summer of 1969. The Times story notes that several of Manson’s followers remain in prison; one, Leslie Van Houten, was granted parole in September of this year but California Governor Jerry Brown has yet to decide whether to release her.
With a long holiday weekend upon us, this is the last blog post of the week. Enjoy the holiday and keep reading for more news.
IDS Update with Tom Maher
For today’s post, I conducted a short interview with Tom Maher, the executive director of the Office of Indigent Defense Services (IDS), the statewide agency in North Carolina that oversees the provision of legal representation for indigent defendants in criminal and other cases. We talk about the recent raise in the rates for private assigned counsel doing high-level felony work, the status of public defense funding in North Carolina, and the importance of a robust system of indigent defense generally. Readers may be aware that I served as a private assigned counsel for many years before coming to work at the School of Government, and it’s a topic near and dear to me. Indigent defense is equally important for court actors and citizens of the state, and I hope you find the interview informative. It runs around 13 minutes, with minor edits for the sake of time and clarity. Click here to watch.
Trial Preparation Taints Eyewitnesses’ In-Court Identification, Leads to Reversal of Murder Conviction
Last week, the court of appeals reversed a defendant’s conviction for first-degree murder. That doesn’t happen every day, so let’s unpack the case. The central issue concerns two eyewitnesses’ in-court identifications of the defendant.
News Roundup
A California man with connections to North Carolina, Kevin Janson Neal, killed five people and wounded eight others in a shooting spree in Northern California this week. After killing his wife, Neal drove the streets of Rancho Tehama firing randomly at houses and other structures. Eventually, Neal approached an elementary school and fired multiple shots into the building. The sound of the shots caused school officials to lock the building down, preventing Neal from entering the school and likely saving many lives. Keep reading for more news.
State v. Brice: Pleading Rules for Habitual Offenses Are Not Jurisdictional
The court of appeals last year vacated Sandra Brice’s conviction for habitual misdemeanor larceny for stealing five packs of steaks valued at $70 from a Food Lion in Hickory. The reason? The indictment alleged the steak theft and Brice’s four prior convictions for misdemeanor larceny in a single count. That violated a statutory rule requiring that prior convictions be alleged in a separate count, and, in the court of appeals’ view, deprived the superior court of jurisdiction to enter judgment against Brice for habitual misdemeanor larceny, a felony offense. Earlier this month, the North Carolina Supreme Court reversed the court of appeals and remanded the case for reinstatement of the trial court’s judgment. Read on to find out why.