North Carolina Criminal Law

Pro Bono Service by Magistrates, Prosecutors, Public Defenders, and Others Now Allowed

November 1, 2017November 1, 2017 Shea Denning

Sometimes it seems lawyers have a Latin phrase for everything: Self-represented litigants? They’re pro se. The thing speaks for itself? Res ipsa loquitur. Volunteer legal work? That’s pro bono to us.

While attorneys have had an English word and Latin phrase to describe this last category, many public attorneys in North Carolina have historically had no mechanism for actually doing it. That’s because, until last July, G.S. 84-2 prohibited district attorneys, public defenders, and others from “engag[ing] in the private practice of law.” A person practices law when he or she provides legal services for another, regardless of whether the person is compensated for the work. See G.S. 84-2.1.

Recent amendments to G.S. 84-2, however, allow some public attorneys who were previously disqualified to carry out certain types of pro bono legal work.

Cross-Examination on Pending Charges

October 31, 2017 Phil Dixon

Can the defense question a State’s witness about pending charges? May the State question the defendant or defense witnesses on their pending charges? The Rules of Evidence allow impeachment by conviction of a crime under Rule 609, but nothing in the rules speaks to impeachment by evidence of pending charges specifically. The question comes up frequently enough that I wanted to write about it. Read on for the answer.

“Belk’s Department Stores, an entity capable of owning property”

October 30, 2017 Jeff Welty

The court of appeals recently decided that an indictment alleging that a defendant stole some shirts from “Belk’s Department Stores, an entity capable of owning property,” did not sufficiently identify the victim as an entity capable of owning property. State v. Brawley, __ N.C. App. __, __ S.E.2d __, 2017 WL 4632820 (Oct. 17, 2017). This post summarizes the decision, considers the possibility of further review, and explains how other states handle this issue.

News Roundup

October 27, 2017 Christopher Tyner

President Donald Trump announced yesterday that he was directing the Department of Health and Human Services to declare the national opioid crisis a public health emergency. According to a White House press release, the declaration of a public health emergency allows for expanded access to prescriptions for medicines used for substance abuse and mental health treatment and allows the Department of Health and Human Services to quickly make temporary appointments of specialists who can respond to the emergency. Keep reading for more news.

Jail Credit Basics

October 27, 2017October 26, 2017 Jamie Markham

I get at least one jail credit question almost every day. How jail credit is tabulated and applied can be as important as the sentence itself in determining how long a person will be behind bars. Today’s post covers the basics, which are sometimes misunderstood.

State v. Mosley, Murder, and Depraved Heart Malice

October 27, 2017October 25, 2017 Shea Denning

Darian Mosley’s sentence for second degree murder was vacated last week because the jury did not specify whether he acted with (1) hatred, ill-will or spite, (2) intentionally and without justification, or (3) a depraved heart when he shot and killed his girlfriend, Amy Parker, in April 2013. The court of appeals held in State v. Mosley that, without knowing the theory of malice that supported the verdict, the trial judge erred in sentencing Mosley as a Class B1 felon. The appellate court remanded the case to the trial court with instructions to sentence Mosley for a Class B2 felony. It also recommended actions for trial courts instructing juries in future murder cases.

State v. Messer, Uncorroborated Confessions & the Corpus Delicti Rule

October 24, 2017 Jessica Smith

A few years ago, I wrote a blog post (here) about the corpus delicti rule. That rule popped up in a recent court of appeals case, State v. Messer. Here’s a refresher and an update on the new case.

New Book on Traffic Stops and Offenses

October 23, 2017 Jeff Welty

I’m pleased to announce that the School of Government has just released a new book entitled Pulled Over: The Law of Traffic Stops and Offenses in North Carolina. Shea Denning, Christopher Tyner, and I are the authors. It’s an important topic given that North Carolina officers conduct more than a million traffic stops each year and that many criminal cases, small and large, begin with a motor vehicle stop. This post provides more information about the book.

News Roundup

October 20, 2017 Christopher Tyner

It’s been a year since a Molotov cocktail was thrown through the window of the Orange County Republican Party headquarters in Hillsborough, causing substantial damage to the building. The FBI announced Monday that it was offering a $10,000 reward for information that leads to an arrest in the unsolved case. Combined with $5,000 rewards offered by the state and the North Carolina Republican Party, the FBI reward brings the total reward money offered to $20,000. Contact information for the FBI’s Charlotte office is available at the link. Keep reading for more news.

I’m Just a Civil Judgment

October 19, 2017 Jamie Markham

Many of you probably remember the “I’m Just a Bill” segment from the Schoolhouse Rock! series. It explained—through a musical number that will be stuck in your head all day—how a bill becomes a law. I didn’t compose a song, but in today’s post I’ll attempt to explain what actually happens to the thousands of civil judgments entered for various monetary obligations in criminal court.