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My eldest child turned 15 last week. Everyone in North Carolina knows what that means . . . it is learner’s permit time. Unfortunately, however, we were not able to run over to DMV on his birthday and get his permit. We are still working on some prerequisites. If someone near and dear to you is approaching this milestone birthday, here is what you need to know.
Later this week, a group of superior court judges will gather at the School of Government to participate in a course on handling capital cases. In preparation for my role as a facilitator of the course, I have been reading up on death penalty news. Both in North Carolina and nationally, data show clear trends toward fewer capital cases, fewer death sentences, and fewer executions. This post briefly explores those developments and considers whether they are likely to continue.
Two important exceptions to exclusionary rules under the federal constitution were adopted by the United States Supreme Court within a month of each other in 1984: (1) the inevitable discovery exception in Nix v. Williams, 467 U.S. 431 (1984), and (2) the independent source exception in Segura v. United States, 468 U.S. 796 (1984); see also the later case of Murray v. United States, 487 U.S. 533 (1988). These two exceptions continue to be litigated. This post will discuss the inevitable discovery exception, and my next post will discuss the independent source exception.
The Charleston Post and Courier reports that Michael Slager, a former North Charleston police officer who shot and killed Walter Scott in 2015, pleaded guilty this week to a federal criminal charge of deprivation of rights under the color of law. The incident involving Slager and Scott was captured on video which appeared to show Slager shooting at Scott’s back after a scuffle. As the News Roundup previously noted, a homicide case against Slager ended in a mistrial late last year. As part of the plea deal, other state and federal charges pending against Slager will be dismissed. Keep reading for more news.
The decision, handed down April 28, 2017, comes out of Harris County, home to Houston, Texas. If you decide to read the opinion, ODonnell v. Harris County, be prepared to spend some time with it. The opinion is 193 pages long, and one reading may not be enough. Readers will see similarities and differences between the bail practices in Harris County and North Carolina. This post doesn’t undertake to compare the two and instead does a not-so-brief review of the findings, conclusions, and relief ordered by the judge, Chief District Court Judge Lee H. Rosenthal (if you’re wondering, appointed by President George H.W. Bush in 1992). The bottom line is that the decision enjoins Harris County from “detaining indigent misdemeanor defendants who are otherwise eligible for release but are unable because of their poverty to pay a secured money bail.” Slip op. at 181.
Last week I blogged about the basic rules for felony murder prosecutions in North Carolina. I promised to return this week with an update on the felony murder rule and the merger doctrine. This post, like Jeff’s 2009 article, focuses on the merger rule that bars charges of felony murder that are based upon killings resulting from certain types of felony assaults. It does not address the merger rule that requires the court to arrest judgment on the underlying felony when a defendant is convicted of first-degree murder solely on the basis of felony murder.
By administrative regulation, North Carolina’s jails are required to have written policies and procedures on inmate rules and discipline. 10A NCAC 14J .0203(a)(5). The only thing the jail regulations tell us about the substance of those policies and procedures is that they may not use food as a reward or punishment. 10A NCAC 14J .0902. Beyond that, the framework for how a jail should handle inmate disciplinary procedures is a question of constitutional due process. A recent case from the Fourth Circuit reminds us what process is due when a jail responds to alleged misbehavior by an inmate.
Prosecutors have wide discretion to decide how to charge defendants. In exercising that discretion, a prosecutor certainly may consider the sentence associated with each possible charge, and may choose to pursue the charge or charges that is most likely to result in the outcome that the prosecutor sees as just. But the criminal sentence may not be the only outcome of a criminal case. A variety of collateral consequences may be imposed by law, such a change in immigration status, a requirement to register as a sex offender, or loss of professional licensure. Other consequences may also follow certain convictions, such as loss of employment or housing. May prosecutors consider collateral consequences when making charging decisions and when evaluating possible plea bargains? Should they do so? Must they?
There was tragic news from Bertie Correctional Institution this week where Sergeant Meggan Lee Callahan died Wednesday evening after being attacked by an inmate. Craig Wissink, who is serving a life sentence for murder, is suspected of killing Callahan, according to this report from the Charlotte Observer. State facilities have been directed to fly North Carolina flags at half-staff until sunset today in tribute to Callahan.
North Carolina requires certain people to register as sex offenders in North Carolina for crimes committed in other states. But what if a person has completed his or her term of registration in another state before moving here? Can North Carolina require the person to register again?