Wilmington News Station WECT broke the story Wednesday that Columbus County Sheriff Jody Greene was recorded in February 2019 making racially-charged comments to Jason Soles, then a Captain who had just been tapped as the temporary leader of the department. Greene’s tenure as sheriff was clouded with controversy from the get-go, beginning with a challenge to whether the recreational vehicle located on farmland he owned in Columbus County was his residence, an issue decided in Greene’s favor by the state elections board. That challenge led to the naming of Soles as caretaker for the department while the elections issues were sorted. Keep reading for more on this story.
New Juvenile Law Bulletin on Juvenile Interrogation
What circumstances constitute custodial interrogation in a school setting? Who counts as a guardian or custodian for the purpose of a custodial interrogation of a juvenile? Under what circumstances can a juvenile waive their rights that attach during a custodial interrogation? A new Juvenile Law Bulletin on Juvenile Interrogation is now available as a School … Read more
Procedure in Juvenile Homicide Cases
How does a case proceed when a juvenile is charged with a homicide offense? In classic lawyer fashion, the answer is that it depends. In almost all instances, the case will begin as a juvenile matter. However, the path the case follows once the juvenile case begins, and whether the case is ultimately adjudicated as a juvenile matter or prosecuted as a criminal matter, depends on the age of the juvenile at the time of the offense and the specific offense charged.
News Roundup
“Big brother invasion of privacy or pro-active policing? That’s the question after a new report revealed seven North Carolina universities use or have used powerful social media-monitoring programs to keep an eye on everything from campus protests to student well-being to drugs.” So begins this WRAL story about Social Sentinel, a product used by some campus police departments to track student social media posts that may indicate potential unrest or criminal activity. Duke, UNC, and NC State are among the institutions named in the story. The reporter who led the investigation is a former UNC student who became interested in the topic during the Silent Sam protests on campus. Keep reading for more news.
Case Summaries – N.C. Court of Appeals (Sept. 20, 2022)
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 20, 2022. This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present.
Asking for Consent to Search During a Traffic Stop
Suppose an officer conducts a traffic stop. During the stop, the officer gets a hunch that the driver may have drugs in the car. Can the officer ask the driver for consent to search the car? Even without reasonable suspicion? Does the time it takes to ask for consent, or the time it takes to conduct the search, unlawfully extend the stop? I’ll try to answer these important questions in this post.
News Roundup
“An Iowa teenage sex trafficking victim who stabbed her rapist to death was sentenced by a judge on Tuesday to five years of closely supervised probation and must pay $150,000 restitution to her abuser’s family.” So reports Fox News here. The teen was a 15-year-old runaway when she began being trafficked for sex. She was allegedly forced at knifepoint to have sex with the man she killed. He fell asleep after the rape, then she stabbed him 37 times. She was charged with first-degree murder but pled guilty to involuntary manslaughter. The judge noted that the restitution payment was mandatory under state law. CNN has this follow-up story, which says that the teen “is just one of several teenagers – often of color – who have been legally penalized or convicted of killing their sex trafficker or assaulter in recent years in the US.” It also notes that a GoFundMe campaign has raised over $388,000 for the young woman in question.
Oklahoma v. Castro-Huerta Affords Concurrent Jurisdiction to States for Crimes Against Indians in Indian Country
A few years ago, I wrote this post analyzing criminal jurisdiction on the Qualla Boundary in Western North Carolina. I explained the jurisdictional rules for prosecuting crimes committed on the Qualla Boundary, or Eastern Cherokee Indian Reservation, as follows:
State jurisdiction.
North Carolina has exclusive jurisdiction over a non-Indian who commits a crime defined by state law against another non-Indian on the Qualla Boundary.
North Carolina has exclusive jurisdiction over a non-Indian who commits a victimless crime defined by state law on the Qualla Boundary.
Federal jurisdiction.
The federal government has exclusive jurisdiction over “major crimes” committed by Indians on the Qualla Boundary.
The federal government has exclusive jurisdiction over non-Indians who commit crimes against Indians on the Qualla Boundary.
The federal government has jurisdiction over other crimes committed by Indians against non-Indians on the Qualla Boundary unless the defendant already has been punished by the tribal court.
The federal government has jurisdiction over victimless crimes committed by Indians on the Qualla Boundary unless the defendant already has been punished by the tribal court.
Tribal jurisdiction.
The tribe has jurisdiction over an Indian who commits a crime that is not defined as a “major crime.”
Update. A decision from the United States Supreme Court last term likely changed one of those rules. The Court in Oklahoma v. Castro-Huerta, 597 U.S. ___, 142 S.Ct. 2486 (2022), held in a 5-4 decision that the state and federal governments have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country unless state jurisdiction is preempted.
Another Look at Confrontation at Probation Violation Hearings
A new case from the Supreme Court of North Carolina gives us a chance to revisit the issue of a defendant’s confrontation rights at a probation violation hearing.