Law enforcement officers sometimes damage property in the course of their work. For instance, they may break down a door while executing an arrest warrant, or may pull up floorboards in the course of conducting a search. This post addresses whether police are liable for the damage they cause.
New Publication on Driver’s License Revocations, Restorations and Privileges
I am thrilled to announce the availability of a new publication, Driver’s License Revocations, Restorations, and Limited Driving Privileges in North Carolina. This is the first School of Government publication that combines information on triggering events and convictions that lead to the revocation of a person’s North Carolina driver’s license, how and when driving privileges may … Read more
Outsourcing Reasonableness: Redefining Defensive Force in State v. Phillips.
Coke claimed the common law was the perfection of reason. Our Supreme Court began its recent opinion in State v. Phillips, No. 281A23 (N.C. Aug. 23, 2024), by citing Coke, albeit for a different proposition (i.e., a person’s home is his castle). Construing G.S. 14-51.2, our Supreme Court held that the legislature has abrogated the common law rule that prohibited excessive force in defense of the home. The trial court erred therefore in instructing the jury that the defendant homeowner did not have the right to use excessive force. This post examines the recent opinion in Phillips.
News Roundup
The most significant criminal law story this week was the mass shooting at Apalachee High School in Barrow County, Georgia. Tragically, two teachers and two students were killed, and at least nine others were wounded. The people injured are expected to live. The suspect, a 14-year-old student at the school, is in custody facing murder charges. The AP reports that the juvenile was previously interviewed by law enforcement in connection with alleged online threats of a school shooting over a year ago. The juvenile’s father has also been charged with second-degree murder and involuntary manslaughter in connection with the shootings. The story notes that this is the 30th mass killing in the United States in 2024. Read on for more of the latest criminal law news.
Case Summaries: N.C. Court of Appeals (Sept. 3, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
New Enhancements for Breaking or Entering Motor Vehicles and Other Conveyances
Effective December 1, 2023, Session Law 2023-151 amended G.S. 14-56 (Breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircrafts, boats, or other watercraft) to provide for sentencing enhancements based on the aggregated value of any property taken. In amending the statute, the General Assembly added elements – taking and value – to these enhanced crimes. The General Assembly also amended G.S. 14-86.1 (Seizure and forfeiture of conveyances used in committing larceny and similar crimes) to include violating G.S. 14-56 as a basis for vehicle seizure and forfeiture. This post will review the statutory amendments and new elements, and consider whether a person may also be convicted of and punished for larceny in connection with a violation of G.S. 14-56.
Advice for Defenders Handling H & I Felonies in District Court
Shea wrote about changes to the law around the practice of entering low-level felony pleas in district court last fall, here. More and more districts have begun adopting the practice of accepting guilty pleas to class H and I felonies in district court since then. In light of the expansion of the practice across North Carolina, I wanted to remind defenders of the rules and best practices when entering a felony guilty plea in district court. Read on for the details.
News Roundup
In national news, prosecutors filed a superseding indictment in the federal criminal case against Donald Trump after the Supreme Court granted former presidents substantial immunity. Court papers say the new indictment “reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions.” Last month, the Supreme Court ruled that former presidents have absolute immunity from prosecution for official acts that fall within their “exclusive sphere of constitutional authority” and are presumptively entitled to immunity for all official acts. But that wasn’t the end of the story – on the election subversion charges, the Court sent the case back to U.S. District Judge Tanya Chutkan to “carefully analyze” whether the allegations involve “official conduct” for which the former president would be immune from prosecution. It appears after weeks of consulting with other officials in the Justice Department, special counsel Jack Smith sees a way to proceed in the case, consistent with the Supreme Court’s ruling. Read on for more criminal law news.
Case Summaries: N.C. Supreme Court (August 23, 2024)
This post summarizes the published criminal opinions from the Supreme Court of North Carolina released on August 23, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.