Recent blog posts

The United States Supreme Court issued its opinion in District of Columbia v. Wesby on Monday, holding that police officers had probable cause to arrest 16 people for unlawful entry after finding them reveling in a vacant house without the permission of its owner. The court further held that even if one assumed the officers lacked probable cause, they were entitled to qualified immunity because there was no clearly established law that rendered their actions unreasonable. The D.C. Circuit and the trial court had ruled otherwise, leading to a compensatory damages award of nearly $700,000 for the plaintiffs.

While trial courts are regularly called upon to evaluate whether facts known to an officer provide probable cause of criminal activity, it is less common for the Supreme Court to engage in such factbound determinations. Thus, the analysis in Wesby, whose language doubtless will soon be cited in the North Carolina reporters, warrants a closer look.

Risk assessment tools are starting to take root in the criminal justice system. They’re used to make decisions about pretrial release, sentencing, and the level of supervision or custody to which a defendant will be subject. Some of the results are encouraging. For example, Mecklenburg County uses a risk assessment developed by the Laura and John Arnold Foundation to help make pretrial release decisions. The pretrial services office there reports that the risk assessment has contributed to “transformational change” in how pretrial justice is administered, with fewer secured bonds being imposed the jail population falling with no harm to public safety. Based in part on Mecklenburg’s success, the North Carolina Commission on the Administration of Law and Justice encouraged the creation of a pilot project that would “implement and assess more broadly . . . an empirically derived pretrial risk assessment tool.”

A disturbing case of child abuse has received widespread national news coverage this week.  As the L.A. Times reports, David and Louise Turpin of Perris, California, were charged with multiple felony counts of torture and child abuse after it was discovered that the couple had held their thirteen children captive for years and subjected them to unimaginable mistreatment.  On Sunday, one of the children escaped the family home through a window and called 911, alerting authorities that she and her siblings had been beaten, starved, shackled, and forced to live in unsanitary conditions.  Bail has been set at $12 million for each defendant.  Keep reading for more news.

North Carolina law allows certain inmates to be released from incarceration to return to another country.

The court of appeals decided another significant Rodriguez case yesterday, ruling (again) in State v. Reed that the highway patrol trooper who stopped the defendant for speeding on Interstate 95 detained the defendant for longer than necessary to carry out the mission of the stop without reasonable suspicion of other criminal activity.

I’m happy to announce my first indigent defense practice guide, Defense Motions and Notices in Superior Court. As the title implies, it’s a court-ready guide for practitioners about common defense motions in superior court criminal cases at the trial level. While it is primarily written with non-capital felony cases in mind, the information will hopefully be useful to all criminal defense attorneys.

The Durham Herald Sun reported this week that felony charges against eight people allegedly involved in destroying a Confederate monument in downtown Durham last summer have been dismissed.  The criminal cases are not over though, the Herald Sun report says that those charged in the incident will be tried on misdemeanors including injury to personal property, injury to real property, and defacing or injuring a public monument.  Apparently, a great deal of public interest in these cases remains, the report says that the courtroom was overloaded with spectators such that some defendants who were in court for unrelated cases couldn’t find a seat.  Keep reading for more news.

The Justice Reinvestment Act created confinement in response to violation (CRV) as an alternative to revocation for technical violations (violations other than a new criminal offense or absconding). The theory […]

Defendant commits an armed robbery in county A, obtaining stolen goods that he transports to county B. May the defendant be prosecuted and punished for armed robbery in county A and be separately prosecuted and punished for possession of stolen goods in county B?

More than a trillion text messages are sent each year in the United States alone. Some of these messages are work-related communications from law enforcement officers to fellow officers, witnesses, prosecutors, and others. Which, if any, of these messages are discoverable? How should officers preserve discoverable messages? Must prosecutors ask for officers’ text messages before providing discovery to the defense? This post begins to address these questions.