My colleagues and I have been busy orienting new district court judges this week, so I haven’t paid much attention to events taking place outside the confines of the Knapp-Sanders building. But that hasn’t stopped the criminal news from coming. Here are the highlights:
Jail Credit in DWI Cases
Last week I got drawn into a discussion about a North Carolina local government official convicted of DWI. The question was whether he was getting “special treatment” when his 60-day sentences were cut in half to 30 days. As most readers of this blog know, there’s nothing special about that: most active DWI sentences (except for aggravated level one) are effectively cut in half by Good Time, pursuant to N.C. Department of Public Safety administrative policy. Today’s post considers a related wrinkle: when a DWI defendant has jail credit, should that credit be applied before or after the sentence is “cut in half”?
The Latest on McNeely and Implied Consent
Here I go again (perhaps on my own) with another update on the state of implied consent after Missouri v. McNeely, __ U.S. __, 133 S. Ct. 1552 (2013). These updates occur more often than teeth-cleanings and may be awaited with the same degree of anticipation. But given that there’s a split of authority developing between the states, and North Carolina courts have not yet weighed in, I think these are developments worth following.
Padilla Comes to North Carolina
The title I gave this post is actually not quite accurate. Five years ago, in its 2010 decision in Padilla v. Kentucky, 559 U.S. 356 (2010), the U.S. Supreme Court established that criminal defense attorneys have an obligation, as part of the Sixth Amendment guarantee of effective assistance of counsel, to advise noncitizen clients about the immigration consequences of the criminal charges against them. In its recent decision in State v. Nkiam, ___ N.C. App. ___ (Nov. 3, 2015), temp. stay allowed, ___ N.C. ___ (Nov. 23, 2015), the North Carolina Court of Appeals found that the defendant’s counsel failed to meet this obligation. Although Nkiam seems like a straightforward application of Padilla, it has caught people’s attention because it is the first North Carolina appellate decision to address the merits of a Padilla claim of ineffective assistance of counsel. (In previous cases, the North Carolina Court of Appeals found it unnecessary to address the merits of the defendant’s claim, holding that Padilla did not apply retroactively and did not afford relief to a person whose conviction was final before Padilla was decided. State v. Alshaif, 219 N.C. App. 162 (2012); accord Chaidez v. United States, ___ U.S. ___, 133 S. Ct. 1103 (2012).)
Mail Regulation in the Jail
Handling mail to and from inmates is a challenge for jail administrators. Of course they want to enable inmates to handle their legitimate business (including pending legal matters) and maintain family and community ties. On the other hand, they must be on guard against contraband or inappropriate materials coming into the jail, or inmates participating in crimes or planning an escape from within. Inmates have a constitutional right to communicate with others and to access the courts, but those rights are limited by the jail’s obligation to preserve security, good order, and discipline. This post collects some of the basic legal principles that should be incorporated into the jail’s policy on mail regulation. By state administrative regulation, every jail must have a written policy on handling inmate mail.
News Roundup
Most of the office chatter around the SOG this week concerned the new lawsuit challenging the recently-enacted retention election procedure for North Carolina Supreme Court Justices. The basic question is whether that procedure satisfies the state constitution’s requirement that justices be elected. The Fayetteville Observer has more information here. But that wasn’t the only interesting story of the week.
Private Property Can Be a “Public Place” under the Indecent Exposure Statute
Several recent news reports have involved people removing their clothes in their own homes or on their own property, but in view of neighbors or passers-by. For example, Charlotte’s “naked neighbor” controversy is discussed here, while Rowan County’s back yard bandit case is discussed here. Are people who expose their genitals to public view while on their own property in a “public place” as required by the indecent exposure statute, G.S. 14-190.9? Yes, ruled the court of appeals this week.
Need a ride? Call Uber. It’s officially regulated.
Uber was the talk of the table during our Thanksgiving meal. One of my cousins drives for Uber in her spare time. So does her boyfriend. They compete for who can earn the most extra spending money. I’ve used Uber myself several times. I’ve rated all my drivers a 5. And I’ve never worried about whether taking Uber was safe. But for those who do (my mother and aunt), legislation enacted by the General Assembly last session may provide some assurance.
Was Rosa Parks Convicted?
Sixty years ago today, Rosa Parks was arrested for failing to give up her seat on a Montgomery, Alabama city bus to a white passenger. Thinking about her courage, the arrest, and the changes that it helped bring about, I realized that I didn’t know what became of the charges against her. I was surprised by the answer, and thought I’d share it with others.
New Sentencing Handbook Available
The 2015-2016 edition of the North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids is available from the School of Government. Like previous editions, it contains instructions on felony sentencing, misdemeanor sentencing, and DWI sentencing; the sentencing grids themselves; and various appendices that may be helpful in your work.