North Carolina Criminal Law

Wishing LaToya Well as She Leaves the SOG

November 30, 2017 Sara DePasquale

[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

November 27, 2017November 27, 2017 Jeff Welty

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

November 22, 2017 Christopher Tyner

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

November 21, 2017 Phil Dixon

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

November 20, 2017 Jeff Welty

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

November 17, 2017 Christopher Tyner

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.

A Short Graphic Novel on How a Felony Sentence Is Served

November 16, 2017 Jamie Markham

I wrote a comic book about prison. Let me explain why.

State v. Brice: Pleading Rules for Habitual Offenses Are Not Jurisdictional

November 15, 2017 Shea Denning

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.

May a Magistrate Impose Conditions on a Defendant’s Conduct While in Pretrial Detention?

June 6, 2018November 13, 2017 Jeff Welty

This question in the title of this post came up in a recent class. The specific context involved a domestic violence defendant who was in jail waiting for a judge to set conditions of release pursuant to the 48 hour rule established in G.S. 15A-534.1. But a similar issue arises whenever a magistrate sets conditions of release for a defendant who is unable to make bond and so remains in pretrial detention. An example of a common condition is that the defendant not contact the alleged victim.

News Roundup

November 10, 2017 Christopher Tyner

For the second time in a month, the leading criminal law news in our country is a staggeringly tragic mass shooting. The Las Vegas shooting in early October was the deadliest mass shooting in modern American history, and the shooting this week at a church in Sutherland Springs, Texas, where 26 people were killed and 20 others injured, is the deadliest shooting by an individual in Texas history. News reports say that roughly half of the victims were children; one family lost members from three generations. The Dallas Morning News has profiles of the victims here. Keep reading for more news.