The Durham Herald-Sun reports that the long saga of the Michael Peterson murder case may conclude later this month with a plea bargain. As the Herald-Sun article recounts, Peterson was incarcerated for eight years after being convicted in 2003 of murdering his wife, Kathleen Peterson. He was granted a new trial in 2011 based on a court’s finding that former SBI analyst Duane Deaver had given misleading and false testimony at the original trial. The Herald-Sun article does not have details of the agreement, but a report from WRAL says that Peterson will enter an Alford plea to voluntary manslaughter. Keep reading for more news.
2017 Sentencing Commission Statistical Report Available
It’s a chilly, blustery day in Chapel Hill, but I see signs of spring. The days are getting a little longer. College basketball season kicks into high gear tonight. And there are only four days until pitchers and catchers report. But one of my favorite signs that we’ve completed another trip around the sun and are starting to tilt toward it has also arrived: the North Carolina Sentencing and Policy Advisory Commission has issued its annual Statistical Report for Felonies and Misdemeanors.
State v. Parisi Answers DWI Procedural Riddle
Criminal procedure aficionados, close your red books and riddle me this:
A district court judge in a DWI case preliminarily grants a defendant’s motion to suppress. The State appeals to superior court. The superior court affirms the district court’s determination and remands the case for entry of an order suppressing the evidence and dismissing the charges. The district court enters the order. Does the State have the right to appeal?
Court of Appeals Rejects Habitual Felon Sentence Based on Enhanced Sentence for Misdemeanor Possession of Marijuana
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.