This will be the last news roundup of the year. We’ll likely have a post or two early next week and then go dark for the holidays, returning in early January. We appreciate your readership this year, as well as your feedback, your topic suggestions, and all the other ways that you participate in the blog community. However you may celebrate the season, we wish you a happy and restful break. Read on for a selection of the week’s news.
The North Carolina Judicial College was founded in 2005 to expand the education and training the School of Government has provided for judicial branch officials since the 1930s. Through the Judicial College, the School now offers more courses of interest to mid-and later-career officials and provides that training in small group, interactive educational settings.
We highlight some of those courses, the judicial officials who have participated in them, and our award-winning faculty in our latest annual report. We thought you might like to check it out.
In State v. Hamilton, No. COA22-847 (N.C. Ct. App. Nov. 21, 2023), the Court of Appeals held the prosecutor’s cross-examination of the defendant about statements he made in open court “was an inappropriate form of impeachment.” Slip Op. p. 13. In support of this conclusion, the Court of Appeals cited, among other things, Evidence Rule 608(b). That rule generally bars evidence of specific instances of a witness’s conduct for the purpose of attacking or supporting his credibility; however, specific instances of conduct may be inquired into on cross-examination if probative of truthfulness or untruthfulness. N.C.G.S. § 8C-1, Rule 608 cmt. This post examines the use of Rule 608(b) in Hamilton to determine how a prosecutor can avoid improper impeachment.
I was driving around with my younger daughter this weekend when she said “I’ve never ridden on a motorcycle.” She’s ten, so she’s obviously too young to pilot one herself. But would it be lawful for her to ride as a passenger?
A longtime North Carolina resident and former professor at East Carolina University was reportedly responsible for a mass shooting on the campus of the University of Nevada at Las Vegas this week. According to the story, the man graduated from a Duke University graduate program in 1991 and taught at East Carolina University in Greenville, NC from 2001 to 2017. He was killed by campus police after allegedly taking the lives of three faculty members and wounding a fourth. He also apparently had a hit list that included ECU employees. Read on for more criminal law news.
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 5, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
Each year the School of Government summarizes legislation enacted by the North Carolina General Assembly affecting criminal law and procedure and motor vehicle laws. The summaries for this legislative session are now available and can be accessed here.
Looking to solve court appearance issues in your jurisdiction? Find tools that work for you with the Court Appearance Toolbox! This new, online resource from the UNC School of Government Criminal Justice Innovation Lab has off-the-shelf tools to promote court appearance and improve responses to missed appearances. You’ll find implementation guides, videos, templates, fact sheets, and much more.
The Toolbox includes examples from North Carolina and across the country. Its resources can be adapted for any jurisdiction.
To learn more about the Toolbox and how to use it, join the Lab’s FREE 30-minute webinar on Friday, December 8th at 12:30pm. Register here.
A Wisconsin official who posted a photo of his marked ballot on Facebook during the April 2022 election had felony charges against him dropped Monday. Paul Buzzell, a member of a local school board, faced maximum penalties of 3.5 years behind bars and $10,000 in fines and would have been barred from holding elected office if convicted. Ozaukee County Judge Paul Malloy dismissed the charges against Buzzell, expressing that a state law prohibiting voters from showing their marked ballots to anyone else is in violation of the constitutional right to freedom of speech.
According to this AP article, there has been movement in other states in favor of allowing “ballot selfies.” In New Hampshire, a federal judge held that a state law barring an individual’s right to publish their ballot violated the First Amendment. Legislators in Michigan changed state law in 2019 to make ballot selfies legal. The Wisconsin Senate passed a bill in 2020 to legalize ballot selfies, but the proposal died in the state Assembly.
Keep reading for more criminal law news.
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 21, 2023. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.