Suppose a person is convicted of the misdemeanor of possessing more than 1/2 ounce but no more than 1 1/2 ounces of marijuana, a Class 1 misdemeanor under G.S. 90-95(d)(4). Suppose further that the person was convicted previously for an offense under North Carolina’s Controlled Substances Act. Based on this prior conviction, the person may be “punished as a Class I felon” under G.S. 90-95(e)(3). May the State also use that felony punishment as the current felony for the purpose of prosecuting the person as a habitual felon? If so, the punishment would increase four more classes—from a Class I to a Class E felony—under the habitual felon sentencing scheme in G.S. 14-7.6.
News Roundup
On Tuesday, President Donald Trump nominated Tenth Circuit Judge Neil Gorsuch to the open seat on the U.S. Supreme Court. Widely viewed as having a similar ideological mold as the late Justice Antonin Scalia, SCOTUSblog says Gorsuch favors textualism, thinks the criminal law should be clear, and is a good writer. The Washington Post has a sample of his criminal law writing. Keep reading for more news
Probation Supervision, Behind the Scenes
What’s a structured intervention worksheet? What’s a Carey Guide? And what do judges and lawyers need to know about those things to interface with Probation effectively?
The Future of Transportation is Here—In North Carolina
Just a few short years ago, self-driving cars seemed futuristic. Now the future is here. If you drive in the Triangle, self-driving cars will soon appear on a road near you.
Body-Camera Footage Leads to Plain Error Reversal in State v. Miller
My colleagues here have previously blogged about the impact of Rodriguez v. United States, 575 U.S. ___, 135 S. Ct. 1609 (2015), and my predecessor Alyson Grine created a handy chart summarizing North Carolina cases on the matter, found here. Rodriguez of course held that a traffic stop may not be extended beyond the time necessary to accomplish the purpose of the stop, absent reasonable suspicion or consent, and effectively overruled prior case law in NC allowing de minimis extensions of such stops. In December, the Court of Appeals issued a new, unanimous decision applying this rule in State v. Miller, ___ N.C. App. ____ (Dec. 20, 2016), temp. stay allowed, ___ N.C. ___ (Jan. 4, 2017). I found it noteworthy for the role that the officer’s body-camera footage played, as well as for the fact that the court applied plain error review to grant the defendant a new trial.
Criminal Law and Protests
Protests are breaking out all over. This weekend, protesters gathered at RDU to oppose President Trump’s travel ban. Last weekend, participants in Women’s Marches took to the streets of Washington and Raleigh. This post considers the criminal law issues that most often arise during protests.
News Roundup
President Donald Trump recently tweeted that he will name his U.S. Supreme Court nominee on Thursday of next week. With the nomination on the horizon, various news outlets are weighing in on appointments to the federal judiciary: CBS News has a report saying that two judges, Neil Gorsuch and Thomas Hardiman, have emerged as the top contenders for the Supreme Court vacancy; Politico reports that Trump’s sister, Maryanne Trump Barry, is in favor of Hardiman, with whom she currently serves on the Third Circuit; The Volokh Conspiracy has a piece that discusses potential appointments to the circuit courts of appeal. Keep reading for more news.
Notice of the Duty to Register as a Sex Offender
When a defendant is convicted of a reportable sex crime, someone is required to give him or her notice of the duty to register. Who does it depends on whether or not the defendant receives an active sentence.
Attempted Assault Is a Crime
Reversing the Court of Appeals, the NC Supreme Court recently held, in State v. Floyd, that attempted assault is a crime in North Carolina.
North Carolina Supreme Court Upholds a Magistrate’s Finding of Probable Cause to Issue Search Warrant to Search Home for Drugs
On December 21, 2016, the North Carolina Supreme Court in State v. Allman upheld a magistrate’s finding of probable cause to search a home for drugs, and it reversed a contrary ruling in this case by the North Carolina Court of Appeals. The Allman ruling is the subject of this post.