This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 20, 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.
The summary of In re Laliveres below was prepared by Prof. James Markham.
In a new project launched in January 2024, the UNC School of Government Criminal Justice Innovation Lab (the Lab) is partnering with the North Carolina Office of Indigent Defense Services (IDS) to support stakeholder interest in using social workers as part of a holistic public defense team. The project has two components: a workshop for Chief Public Defenders and an implementation study.
If I had to answer the question in the title of this post in the briefest possible way, I would say: not usually. But there’s a lot of uncertainty and nuance packed into that short answer. This post gets into the details.
A man convicted for a 2015 killing in New York has been released and his indictment has been dismissed solely because he was held at the wrong prison.
Terrence Lewis was serving a sentence of 22 years to life for second-degree murder in a maximum-security prison. In a February 5 decision, Judge Stephen Miller wrote that Monroe County, NY officials violated the federal “Interstate Agreement on Detainer’s Law” when they sent Lewis back to a federal prison in Pennsylvania—where he was serving a sentence for a drug conviction—as he awaited trial in the New York murder case after his indictment. The agreement says a prisoner charged with an unrelated crime in another jurisdiction must be held and tried in that jurisdiction before being returned to the place of their original imprisonment, or else the case in the other jurisdiction must be dismissed.
It may have something to do with my day-job, but in my free time I generally prefer to read fiction. I made an exception recently for Dr. Benjamin Gilmer’s 2022 nonfiction work, The Other Dr. Gilmer: Two Men, A Murder, and an Unlikely Fight for Justice. I’m glad I did.
The book is a page-turning memoir and legal thriller chock full of North Carolina people and places (Governor Cooper even has a cameo). It also is an indictment of how American society treats (or leaves untreated) the mentally ill, particularly those who are imprisoned.
A new statute, effective next month (March 1, 2024), will give prosecutors greater power to combine the value of stolen property to justify a harsher sentence for certain financial crimes. S.L. 2023-151, § 2(a). Section 15A-1340.16F provides that if a person is convicted of two or more of the same financial crimes – embezzlement, false pretenses, or elder exploitation – the crimes may be “aggregated for sentencing” if: (1) the crimes were committed against more than one victim or in more than one county, and (2) the crimes were based on the same act or transaction or series thereof connected together or constituting parts of a common scheme or plan. The statute lays out a comprehensive arrangement for pleading, procedure, and punishment. This post explores the new law.
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.
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.
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.
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.