This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals released during April 2021.
An Update on Face Covering Requirements in Courthouses (and Elsewhere)
A week ago, I noted that Chief Justice Paul Newby had renewed several emergency directives, including Emergency Directive 21, which required that persons in a court facility wear a face covering while in common areas of the courthouse. That changed on Friday, following the Centers for Disease Control’s advice that fully vaccinated people can safely resume most indoor and outdoor activities without wearing a mask. By order issued and effective on Friday, May 14, 2021, Chief Justice Newby eliminated Emergency Directive 21 altogether.
An Introduction to North Carolina Computer Crimes
By now, we’re all aware of last week’s crisis that caused people to hurry to the pumps and fill up on gas. If not, here’s the news: a hacker group launched a ransomware attack on Colonial Pipeline, a company that operates pipelines for gasoline, causing shortages of gas and panic buying on the east coast. Most likely, any criminal action against the group will happen at the federal level, but this post highlights relevant North Carolina laws that could apply if this or any similar acts are prosecuted within this jurisdiction.
News Roundup
Motorists across the state are scrambling to find gas after a cyberattack on Colonial Pipeline significantly reduced shipments of fuel throughout much of the east coast this week. The attack, which involved encrypting data on the company’s computer systems, is being blamed on a group called DarkSide that is thought to be based in Russia or Eastern Europe. The brazen international crime has caused a ripple effect of relatively minor local crime – as ABC 11 reports, two people have been charged with assault after fighting each other over spots in line at a station in Knightdale. Keep reading for more news.
North Carolina Court of Appeals Addresses Availability of Habeas Remedy for Prisoners Affected by COVID-19
Last week, the North Carolina Court of Appeals issued its opinion about the availability of state habeas corpus to obtain release from custody by an inmate particularly susceptible to COVID-19. Below is an analysis of the decision prepared by Ian Mance, who has worked on several topics related to COVID-19, available here, with the School of Government’s Public Defense Education group.
The Andrew Brown Body Cam Rulings
In the wake of the April 21 killing of Andrew Brown, Jr., in Elizabeth City, North Carolina, I have fielded several media inquiries about our body cam law and the judge’s ruling limiting access to the footage about the shooting. With the help of the School of Government’s public records expert, Frayda Bluestein, I learned several things about our law. Below are a few that stand out to me. (You can read Frayda’s thorough analysis of the body cam law here and a discussion by Jeff Welty of a 2019 amendment to the law here.)
May 10 Order Renews Some Emergency Directives, Lets Others Expire
More than 50 percent of adults in North Carolina have received at least one dose of the COVID-19 vaccine, and more than 43 percent of NC adults are fully vaccinated. COVID-19 cases have declined precipitously since a January peak of more than 15,000 positive tests on a single day, with daily cases now averaging under 2,000. Governor Roy Cooper has responded to these positive trends by lifting outdoor mask restrictions and increasing mass gathering capacity limits. The Governor has said if these trends continue, he plans to lift mandatory social distancing, capacity, and mass gathering restrictions by June 1.
Courthouse personnel, charged with ensuring that courts remain open and that justice is administered without delay, were designated as frontline essential workers and thus received early access to the COVID-19 vaccine. Many court officials are among the group of fully vaccinated North Carolina adults.
Recognizing these positive trends and the judicial branch’s constitutional obligations, Chief Justice Paul Newby entered an order on Friday, effective today, extending and modifying certain pandemic-related emergency directives, while allowing other directives to expire.
Emergency Directives 2, 3, 5, 11, 14, 15, and 21 remain in place (as modified) for an additional thirty days, expiring on June 6, 2021. Emergency Directive 8 (which allowed a chief district court judge to restrict the hours and times at which magistrate-officiated marriage ceremonies were conducted) and Emergency Directive 12 (which required each senior resident superior court judge to ensure that certain public health protocols, including the marking of six-foot intervals, the establishing of maximum occupancy, and the cleaning of public areas, were followed for each facility in his or her district) were not renewed and expired yesterday.
The renewed directives are described in further detail below.
News Roundup
This week Governor Roy Cooper appointed R. Andrew Murray, the former U.S. Attorney for the Western District of North Carolina, as the acting District Attorney for Prosecutorial District 42 following the removal of Greg Newman from office. Murray served as the District Attorney in Mecklenburg County prior to serving in the federal Western District. Keep reading for more on this story and other news.
Case Summaries: N.C. Court of Appeals (May 4, 2021)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on May 4, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
2020 Cumulative Supplement to North Carolina Crimes Available
The latest cumulative supplement to North Carolina Crimes is now available. It incorporates legislation enacted and cases decided through December 31, 2020. You can buy the book here. Purchase of the supplement includes free unlimited access to the online version of Crimes from the time of purchase until May 1, 2022. Online access is granted … Read more