This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on September 1, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
Legislature Tweaks Jurisdictional Rules for District and Superior Courts
A few weeks ago, I wrote about one part of S.L. 2023-97 (S 91), which prohibited street takeovers. This post covers other provisions of that session law, which change the jurisdictional rules for district and superior court, albeit in limited ways.
News Roundup
I am saddened to share news of the tragic shooting that took place on the UNC’s campus Monday, which led to the death of Professor Zijie Yan. Reports of shots fired led to an hours-long lockdown on the campus and public schools nearby. UNC graduate student Tailei Qi, who was a member of Yan’s research group, has been charged with first-degree murder and carrying a gun on an educational campus in connection with the shooting.
Thank you to all who have reached out to us here at the School of Government.
Keep reading for more criminal law news.
Removing State Criminal Charges to Federal Court
Every law student learns that state civil cases may be “removed” to federal court under certain conditions – usually when the case presents a question of federal law, or the parties are residents of different states. See 28 U.S.C. § 1446. But until recently, I had never heard of a state criminal case being removed to federal court. Former President Trump and several members of his administration have requested exactly that, and there are federal statutes that allow for it under limited circumstances. This post digs a little more deeply into the removal of criminal cases.
News Roundup
Yesterday, former President Trump turned himself in at the Fulton County jail in Atlanta to be booked on criminal charges related to his alleged efforts to interfere with and overturn the results of the 2020 presidential election. President Trump was in and out of the jail in 20 minutes, during which time he had a mug shot taken. He posted the mug shot on X (formerly Twitter), returning to the platform for the first time in two years. He characterized the prosecutor who brought the charges as a “Radical Left, Lowlife District Attorney.” NBC News has the basics here. I’ll have some more information about some interesting legal issues in the case on Monday. For now, keep reading for more news.
North Carolina’s new Pretrial Integrity Act
As a general rule, most defendants are entitled to have conditions of pretrial release set without unnecessary delay, and this typically happens at the initial appearance before a magistrate. G.S. 15A-511; -534. There is a carve out for capital defendants—only a judge can set conditions in a capital case and conditions are in the judge’s discretion. G.S. 15A-533(c). The statute contains other exceptions to the general rule, such as the 48-hour hold rule for domestic violence cases, providing that only a judge can set conditions within the first 48 hours of arrest. G.S. 15A-534.1(a). North Carolina’s new Pretrial Integrity Act, effective October 1, 2023, and applying to offenses committed on or after that date, creates significant additional exceptions to the general rule.
Juvenile Code Does Not Authorize Transfer Based on Consent
One of the more common questions I receive about the transfer of a case from juvenile jurisdiction to the jurisdiction of the superior court for trial as an adult is whether transfer can be ordered based on consent of the juvenile. The issue seems to cross my desk when a juvenile has some charges pending in criminal court and there are unrelated felony charges pending under juvenile jurisdiction. The short answer is no. The statutory structure that governs transfer does not allow for ordering transfer based on consent. Why?
News Roundup
Former President Donald Trump was indicted on Monday for the fourth time. A Fulton County grand jury returned a 41-count indictment charging Trump and 18 others with a conspiracy to unlawfully change the outcome of the 2020 presidential election. The Atlanta Journal-Constitution reports that indictment is the culmination of a two-year investigation launched by Fulton County District Attorney Fani Willis following Trump’s leaked January 2, 2021, phone call with Georgia Secretary of State Brad Raffensperger, during which Trump asked Raffensperger to “find” him 11,780 votes.
Keep reading for more criminal law news.
Case Summaries: N.C. Court of Appeals (August 15, 2023)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 15, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
Speech Integral to Criminal Conduct
The First Amendment permits criminal punishment for speech only when it falls within an established exception. True threats, incitement to violence, obscenity, and fighting words are among the categories of speech falling outside the protections of the First Amendment (although the fighting words exception is arguably defunct as a practical matter, as I wrote here). Each category has narrow definitions and standards that must be met as a matter of constitutional law before criminal liability can be imposed. My former colleague Jonathan Holbrook has written about the incitement exception and the true threats exception before. I wanted to write about another First Amendment exception, one that is much broader than the rest—speech integral to criminal conduct. Read on for the details.