This post summarizes published criminal decisions from the North Carolina Court of Appeals released on June 1, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
When is a Procedural Bar Not a Procedural Bar? MARs, Gatekeeper Orders, and the Procedural Bar
We get a lot of questions about motions for appropriate relief (“MARs”). Post-conviction can be a daunting area for practitioners and judges alike. On the state and federal levels, the procedural issues alone can feel like a maze. A recent(ish) case from the Court of Appeals, State v. Blake, ___ N.C. App. ___, 853 S.E.2d 838 (Dec. 31, 2020), shines some light on aspects of the procedural bar in state post-conviction proceedings and is the subject of today’s post.
“Authorization” in the Context of Computer Crimes
I previously wrote a blog post about North Carolina’s computer-related crime statutes. Two of our computer crimes are accessing computers under G.S. 14-454 and accessing government computers under G.S. 14-454.1. Both statutes prohibit willfully accessing computers for the purpose of committing fraud or obtaining property or services by false pretenses. Both statutes also prohibit unauthorized access to computers, regardless of fraudulent intent. G.S. 14-453 defines authorization as having the consent or permission of the owner—or of the person licensed or authorized by the owner to grant consent or permission—to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. I’ve gotten several questions recently about the scope of unauthorized access under these statutes, and today’s post examines how these laws may be applied.
News Roundup
An attack in San Jose on Wednesday that left 10 people dead now is the deadliest mass shooting in the history of the California Bay Area. The San Jose Mercury News reports that Samuel Cassidy fired nearly 40 rounds while killing coworkers at a Valley Transit Authority light rail facility. Keep reading for more news.
United States v. Davis: Fourth Circuit Extends Gant to Containers Generally
The Fourth Circuit held in United States v. Davis, No. 20-4035, 2021 WL 1826255, ___ F.3d ___ (4th Cir. May 7, 2021) that officers unlawfully searched a suspect’s backpack, which he dropped before he lay on the ground on his stomach, where he remained as he was arrested and his arms were handcuffed behind his back. The case is significant for at least two reasons: (1) The Fourth Circuit extended Arizona v. Gant, 556 U.S. 332 (2009), to searches outside the automobile context; and (2) The court determined that a bag the suspect could have easily reached while unrestrained was not within his reach while he was prone and handcuffed.
Jurisdiction Over Parents in Delinquency Cases When the Juvenile is 18 or Older
Does the court have authority over parents of juveniles who are respondents in delinquency matters once the juvenile turns 18? This question has come up repeatedly as practitioners across North Carolina continue to implement the Juvenile Jurisdiction Reinvestment Act (JJRA), the law that brought the vast majority of youth who commit offenses at ages 16 and 17 under juvenile court jurisdiction. The short answer is—yes. However, that fact does not mean that this jurisdictional law is without complications. This blog explains why the new jurisdictional laws have led to increased numbers of 18- and 19-year-olds under juvenile court jurisdiction, the court’s authority over the parents of those youth, and complications related to this jurisdictional authority over parents of people who are legally adults.
News Roundup
On Monday, District Attorney Andrew Womble announced his determination that the killing of Andrew Brown Jr. by Pasquotank County sheriff’s deputies during the service of search and arrest warrants at Brown’s home in Elizabeth City last month was justified by reasonable belief that deadly force was necessary due to Brown’s use of his vehicle as a weapon and means of escape. Keep reading for more on this story and other news.
Case Summaries: N.C. Court of Appeals (May 18, 2021)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on May 4, 2021. These summaries, which were written by Shea Denning and Jamie Markham, will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Case Summaries: U.S. Supreme Court (May 17, 2021)
This post summarizes decisions released by the United States Supreme Court on May 17, 2021. As always, they will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
When May Officers Use Deadly Force?
Recent well-publicized incidents have led to questions about when a law enforcement officer may use deadly force to seize a fleeing suspect. The short answer is that the Constitution permits an officer to use deadly force when he or she has probable cause to believe that a suspect poses a threat of serious physical harm to the officer or to others. Because officers must make “split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving,” courts evaluate the reasonableness of an officer’s determination from the perspective of a reasonable officer on the scene and without the benefit of hindsight. Graham v. Connor, 490 U.S. 386, 397 (1989). The Constitution “does not require police to gamble with their lives in the face of a serious threat of harm.” Elliott v. Leavitt, 99 F.3d 640, 641 (4th Cir. 1996).
Factors critical to evaluating the reasonableness of an officer’s use of force to effectuate a seizure include: (1) the severity of the crime at issue; (2) whether the suspect poses an immediate threat to the safety of the officers or others; and (3) whether the suspect is actively resisting arrest or attempting to evade arrest by fleeing. Graham, 490 U.S. at 396. An officer’s subjective intent or motivation is not relevant to the inquiry, nor is the reasonableness of the officer’s actions in creating the dangerous situation. Waterman v. Batton, 393 F.3d 471, 477 (4th Cir. 2005)
The short answer seldom provides a definitive assessment of whether an officer’s use of deadly force in a particular circumstance violated a suspect’s constitutional rights. Even so, there are a few bright-line principles that can be applied to any such inquiry.