Suppose that after judgment is entered a defendant wants to challenge a plea. Maybe he alleges that the plea wasn’t knowing and voluntary. Or maybe he claims that the judge imposed an illegal sentence. Can the defendant do this? I like to break this question into two parts: (1) Does the claim survive the plea? (2) If so, what procedural mechanism can be used to assert it? This post addresses both issues.
News Roundup
All eyes are on Charlotte this week. Former CMPD officer Randall “Wes” Kerrick is on trial for voluntary manslaughter in connection with the shooting of Jonathan Ferrell. I have not followed the trial closely but some have suggested that the evidence came in more favorable to the defense than was generally expected pretrial. The jury has now deliberated for more than two full days without reaching a verdict. However, no Allen charge has yet been given. The Charlotte Observer has a useful Q-and-A about the case and the prospects for a verdict here. If the jury hangs, the next question would be whether the State would retry Mr. Kerrick.
Deferred Prosecutions and Guilty Pleas
Local procedures vary when it comes to deferred prosecutions. In general, there’s nothing wrong with that; the district attorney has broad discretion in the deferred prosecution realm. Lately, though, several people have asked me a particular question related to deferred prosecution procedure: Does the defendant actually plead guilty when the deferral is entered?
Can 24/7 Sobriety Programs Fix the DWI Problem?
The Wall Street Journal published an opinion piece last Friday that, according to the headline, offered “A Simple Fix For Drunken Driving.” I was intrigued because, frankly, I didn’t think there was one. As it turns out, the headline over-promises. The author, Stanford University psychiatry professor Keith Humphreys, does not purport to have a solution that ends impaired driving once and for all. Instead, Dr. Humphreys reports on the “stunning” results of South Dakota’s “absurdly simple” 24/7 sobriety program for repeat DWI offenders.
School of Government Launches New Website
The School of Government has just launched a redesigned website. It’s better looking, plays well with mobile devices, and is driven more by searches than by click-through navigation. I’m sure it has plenty of kinks that we will need to work out but it is a major effort to revamp the website in accordance with current best practices and usage patterns.
Book Review: Unfair
I’ve just finished Unfair: The New Science of Criminal Justice by Drexel University law professor Adam Benafordo. The reviews I’ve seen online have been positive. For example, the Boston Globe opines that the book “succinctly and persuasively recounts cutting-edge research testifying to the faulty and inaccurate procedures that underpin virtually all aspects of our criminal justice system.” And the book has attracted enough attention for Professor Benafordo to be interviewed on NPR’s hit show Fresh Air. This post briefly summarizes the book and then offers a few thoughts about it.
News Roundup
It’s a bird, it’s a plane . . . no, it’s a drone over the skies of North Carolina. And soon it may be operated by law enforcement. The News and Observer reports that the General Assembly is poised to enact S 446, which flew through the House yesterday and has been returned to the Senate for concurrence with relatively minor amendments. The bill repeals the prohibition on governmental use of unmanned aircraft enacted in 2013 and authorizes the State’s Chief Information Officer to approve the procurement and operation of unmanned aircraft systems by State agencies and local governments.
Breach of a Plea Agreement
Once a plea is entered pursuant to a plea agreement, the parties are bound by the agreement and failure to comply with it constitutes a breach. Occasionally questions arise about whether a breach has occurred and if so, what remedy should apply.
Mandated Reporting of Child Abuse, Neglect, or Dependency: What’s an Attorney To Do?
[Editor’s note: This post was originally published on the SOG’s civil law blog, On the Civil Side. Given its coverage of criminal law, we thought that it would be of interest to many of our readers.]
You are appointed to represent a juvenile in a delinquency proceeding. The petition alleges the juvenile assaulted his stepfather. When you meet with your client, he discloses that his stepfather has been beating him for years. This time, his stepfather went after his younger sister, and your client tried to protect her. In another case, you are hired to represent a father in a child custody action. Your client tells you that he just moved out of the home, where his baby and the baby’s mother live. He discloses that the mother has a drinking problem and frequently attacks him physically when she is intoxicated, sometimes while she is holding the baby. He also tells you that he has come home from work to find the baby is in dirty diapers and crying in the crib while the mother is passed out on the couch.
In both these scenarios, you have cause to suspect a child is being abused or neglected. Are you required to report to the county department of social services or keep your client’s communication confidential? What are the possible repercussions of your decision?