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I’m writing this week to let readers know that several chapters in the criminal law section of the Superior Court Judges’ Benchbook, a resource created and formerly edited by my […]
Delinquency adjudications and criminal convictions of minors who have been transferred to Superior Court for trial as adults both require that the elements of the offense charged are proved beyond a reasonable doubt, including that the required criminal state of mind, or mens rea, existed. The adolescent mind has been the subject of substantial scientific research. This research grounded several United State Supreme Court decisions related to criminal punishment of minors and when Miranda warnings are necessary. However, the question of how the science of adolescent brain development does or does not connect to the mens rea requirements of various offenses is not well litigated. The North Carolina Court of Appeals dipped a toe in this area in its recent ruling in State v. Smith, __ N.C. App. __ (June 6, 2023).
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 18, 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.
On my drive home yesterday, I heard a news story on the radio. The report indicated that the Illinois Supreme Court had just upheld a law completely eliminating financial conditions of release in the Prairie State – apparently making it the first state in the country to abolish cash bail. The story didn’t detail the legal arguments at issue in the case, or even who had challenged the law. Given the national interest in bail reform, I thought the Illinois case might be a harbinger of things to come elsewhere, so I looked into it. This post briefly summarizes what I learned.
This post summarizes published criminal law and related decisions from the Fourth Circuit Court of Appeals released in June 2023. Cases that may be of interest to state practitioners are summarized monthly. Previous Fourth Circuit summaries are available here.
According to WRAL and other sources, seven homes and one business have been damaged in six fires in Durham since July 2. The homes are all in the same area of town and were vacant at the time. Authorities believe the fires were intentionally set and are actively seeking information from the public about possible suspects. Read on for more criminal law news.
Four years after a plurality of the United States Supreme Court in Mitchell v. Wisconsin, 588 U.S. ___, 139 S. Ct. 2525 (2019), announced a State-favorable exigency rule for withdrawing blood from a suspected impaired driver who is unconscious, the North Carolina Court of Appeals in State v. Burris, COA22-408, ___ N.C. App. ___ (July 5, 2023), has applied the rule for the first time. This post will review the holding in Mitchell and the Court of Appeals’ analysis in Burris and will conclude with a summary of the Fourth Amendment limitations on implied consent testing.
The North Carolina General Assembly has been hard at work this legislative session, having already passed several bills affecting criminal law and procedure. There are a handful of laws that have already taken effect. As is typically the case, most of the other laws have an effective date of December 1 to allow the courts to prepare for the changes. This post provides a brief summary of the criminal law and related legislation enacted thus far during this legislative session.
In her concurring opinion in Samia v. United States, No. 22-196, 2023 WL 4139001 (U.S. June 23, 2023), Justice Barrett makes a startling admission: “[W]hy not simply say that the history is inconclusive?” Justice Barrett, remember, clerked for Justice Scalia, author of the watershed confrontation clause case, Crawford v. Washington, 541 U.S. 36 (2004), which relied heavily upon a historical analysis. See id. at 43 (“We must … turn to the historical background of the Clause to understand its meaning.”). In reciting this history, making it central to interpretation of the Sixth Amendment, Scalia rejected the view that the framers’ intent cannot be recovered from the remaining sources. Cf. California v. Green, 399 U.S. 149, 174 (1970) (Harlan, J., concurring) (“History seems to give us very little insight into the intended scope of the Sixth Amendment Confrontation Clause.”). Indeed, Justice Thomas, writing for the majority in Samia, likewise makes “historical practice” a pillar of the Court’s analysis, albeit a history Justice Barrett finds disposable. Samia, 2023 WL 4139001, at *6. This post summarizes opinions issued by the United States Supreme Court on June 23, 2023 (Samia v. United States) and June 27, 2023 (Counterman v. Colorado). These summaries, written by Joseph L. Hyde and Brittany Bromell, respectively, will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
The drug xylazine has been in the news recently as a dangerous substance commonly mixed with heroin, fentanyl, and other drugs. Xylazine is not an opioid nor is it currently a controlled substance, which presents unique challenges for legal and public health professionals. This post, co-written by SOG faculty members Kirsten Leloudis and Phil Dixon, examines the legal and public health issues surrounding the drug.