This post summarizes a published criminal law case released by the Fourth Circuit Court of Appeals during January 2024. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here.
Criminal Law Faculty Position Now Available
Have you ever thought that it would be interesting to be a member of the School’s faculty? To write, teach, and consult about criminal law and procedure? And to do so with a focus on applied scholarship that makes a real difference? Then you might be interested in the job described later in this post. Or maybe you know someone for whom the position might be perfect. Read on to learn more, and as a bonus, I’ll mention a second job opening at the end of the post – one that has nothing to do with criminal law at all.
News Roundup
Jennifer Crumbley was convicted on Tuesday of four counts of involuntary manslaughter, one count for each student her 15-year-old son Ethan shot and killed at his Michigan High School in November 2021. The pistol Ethan used to kill his classmates was a gift from his parents. The New York Times described the trial, in which the State focused on warning signs they said Ms. Crumbley ignored, as a “significant test case” for prosecutors. While parents whose children have carried out gun violence have pled guilty to less serious charges in other state cases, Ms. Crumbley faces a maximum sentence of 15 years in prison for the four counts of which she was convicted.
Ms. Crumbley’s husband and Ethan’s father, James Crumbley, will be tried in March. Ethan Crumbley previously pled guilty to multiple charges, including first degree murder, and is serving a life sentence without the possibility of parole. He did not testify at his mother’s trial.
Case Summaries: N.C. Court of Appeals (Feb. 6, 2024)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 6, 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.
North Carolina Governor’s 2024 Executive Order on Reentry
On January 29, 2024, North Carolina Governor Roy Cooper signed an Executive Order joining the national Reentry 2030 initiative. What’s the Reentry 2030 initiative? According to the Reentry 2030 website, the initiative is being led by the Correctional Leaders Association, The Council of State Governments Justice Center, and JustLeadershipUSA. It describes the program as an … Read more
New Resource on the Pretrial Integrity Act
I am happy to announce that a new Administration of Justice Bulletin, The Pretrial Integrity Act, is now available. It answers several questions raised by the new pretrial release laws enacted by S.L. 2023-75. The bulletin explores the newly enacted changes, how they are affected by different charging documents, the impact of the new provisions on existing pretrial release laws, and potential challenges in implementation.
News Roundup
This week Governor Cooper signed an executive order to improve reentry services throughout the state. The order aims to enhance coordination between agencies and increase access to post-release employment opportunities and programs such as work release. With the announcement of the order, North Carolina became the third state (joining Alabama and Missouri) to sign on to Reentry 2030, a national initiative with ambitious goals. The goals include increasing the number of high school and post-secondary credentials earned by incarcerated people by 75%, increasing the number of post-secondary degrees that are available in prisons by 25%, reducing the number of incarcerated people being released homeless by 50%, and allowing every person who is eligible to apply for Medicaid before release. The executive order also calls for more local reentry councils.
Read on for more criminal law news.
May An Officer Ask a Business to Execute a Search Warrant on Itself?
Once upon a time, search warrants were simple. An officer would obtain a warrant to search a suspect’s home or some other physical location connected to a crime. The officer would go to the location, announce his or her presence, and conduct the search. But these days, officers frequently want to obtain records and other evidence from businesses not suspected of any wrongdoing. For example, they want bank records that can be used to trace the suspect’s ill-gotten gains. They want cell site location information that can be used to tie the suspect to the crime scene. And they want email records that show communication between the suspect and his or her coconspirators. Officers do not typically kick down these businesses’ doors and start rummaging around, partly because that would be needlessly disruptive and partly because officers might have a hard time locating evidence stored in the cloud or on a server located who-knows-where. Instead, officers obtain a search warrant, then send a copy of the warrant to the company in question and ask the company to search its own records and provide responsive materials. Is that OK?
New Resource on Employment Outcomes for People Leaving Prison
The North Carolina Department of Commerce has created a new online tool called The NC Reentry Outcome Reporting System. The tool shows employment outcomes for people leaving the state prison system. The numbers are sobering. I had a chance to talk to one of the tool’s architects, Andrew Berger-Gross, Senior Economist at the Department’s Labor … Read more
News Roundup
Yesterday, Alabama became the first state in the nation to execute a prisoner using nitrogen hypoxia. The AP reports here that “Kenneth Eugene Smith, 58, was pronounced dead at 8:25 p.m. . . . after breathing pure nitrogen gas through a face mask to cause oxygen deprivation.” Smith was sentenced to death three decades ago for his role in a contract killing. Alabama attempted to execute him by lethal injection in 2022, but the attempt failed when authorities were unable to attach an IV to his veins. The Supreme Court declined to block the nitrogen gas execution earlier this week, over a dissent from three liberal Justices. The linked story contains some details of the execution. Keep reading for more news.