On Tuesday, President Biden signed the Emmett Till Antilynching Act into law, bipartisan legislation that amends 18 U.SC. § 249 by expressly making lynching a federal hate crime. A Time article explains that the bill will allow criminal prosecutions in situations where a group of people conspire to commit a hate crime which results in death or serious bodily injury. The NewsHour aired a lengthy segment this week on the new law and the history of racial violence in the United States. The bill passed the Senate unanimously and was opposed by only three members of the House of Representatives. Keep reading for more news.
GiveUNC: A Note from Dana Simpson, Chair of the UNC School of Government Foundation Board
Today is GiveUNC, the University’s annual day of giving. As Dean Mike Smith is set to step down as Dean at the end of this year, today we are celebrating his 30 years of leadership at the School. The message below invites you to honor his service and legacy with a gift supporting the Mike … Read more
Greenville’s Red Light Camera Program Ruled Unconstitutional
Author’s Note: The opinion discussed below was reversed in relevant part by Fearrington v. City of Greenville, ___ N.C. ___, 900 S.E.2d 851 (2024).
Two men cited in separate instances for failing to stop at red light camera locations in Greenville, NC filed declaratory judgment actions arguing that the city’s red light camera enforcement program violated the state constitution. Among other claims, the men argued that the program violated the Fines and Forfeitures Clause contained in Article IX, Section 7 of the North Carolina Constitution because the local school board received less than the clear proceeds of the civil penalties the city collected for violations. The Court of Appeals in Fearrington v. City of Greenville, 2022 NCCOA 158, __ N.C. App. __ (2022), agreed, holding that the funding framework violated the state constitution.
News Roundup
This week the Senate Judiciary Committee held hearings on the nomination of Judge Ketanji Brown Jackson to replace Justice Stephen Breyer on the United States Supreme Court. Jackson currently sits on the United States Court of Appeals for the District of Columbia Circuit and her prior experience, following graduation from Harvard Law School where she was an editor of the law review, includes serving as vice chair of the United States Sentencing Commission and working as a federal public defender. Judge Jackson would be the first Black woman to serve on the U.S. Supreme Court if she is confirmed.
North Carolina’s Decriminalization of Most Local Ordinance Violations
Senate Bill 300 was an omnibus criminal justice reform bill passed last year. One of its provisions presumptively decriminalizes most violations of local ordinances. In this post, I’ll address some of the questions that have arisen about that provision.
Structuring Individualized Delinquency Dispositions
The Juvenile Code requires the court to select the most appropriate disposition for the delinquent juvenile. G.S. 7B-2501(c). Under this statute, the disposition must be designed to protect the public and to meet the needs and best interests of the juvenile based on offense severity, the need for accountability, the importance of protecting public safety, the juvenile’s degree of culpability, and the rehabilitative and treatment needs of the juvenile. There are many different statutory pathways available to the court to structure individualized dispositions targeted to meet the needs of the juvenile and reduce their risk of reoffending. This post explores some of those options, with an emphasis on alternatives outside of standard terms and conditions for probation or placement in out-of-home settings.
North Carolina Magistrates Authorized (Again) to Conduct First Appearance in Limited Circumstances
The North Carolina General Assembly revisited the authority of magistrates to conduct first appearances in Session Law 2022-6 (H243). The General Assembly ratified the law on 3/11/2022, and the Governor signed the legislation on 3/17/2022. The fifty-two page act is fairly typical session wrap up legislation. It makes numerous changes across statutes addressing many different … Read more
News Roundup
Late last week Governor Roy Cooper’s office announced that he had commuted the sentences of three people who were sentenced to lengthy prison terms as teenagers and had served decades behind bars. April Leigh Barber, now 46, served 30 years in prison after being convicted of killing her grandparents by setting their house ablaze when she was 15 years old; she has a job lined up as a paralegal when she is released, according to WFMY. Joshua McKay, now 37, served 20 years for the murder of Mary Catherine Young in Richmond County when he was 17; the Richmond County Daily Journal says that he would have been released in November of this year absent the commutation. Finally, Anthony Willis, now 42, has served 26 years for the murder of Benjamin Franklin Miller in Cumberland County at the age of 16; WRAL reports that Willis has earned several college degrees while in prison, including a masters degree. The commutations were recommended by the Juvenile Sentence Review Board, which Cooper previously established by executive order. Keep reading for more news.
Case Summaries – North Carolina Court of Appeals (March 15, 2022)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on March 15, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Case Summaries – Supreme Court of North Carolina (March 11, 2022)
This post summarizes criminal decisions released by the Supreme Court of North Carolina on March 11, 2022.