This post summarized published criminal and related decisions from the North Carolina Supreme Court released on February 11, 2022. These summaries will be added to the Criminal Case Compendium.
News Roundup
As WCYB reports, two men who escaped from the Sullivan County Jail in Tennessee died after a motor vehicle chase across North Carolina ended in a crash in Brunswick County earlier this week. Escapees Tobias Carr and Timothy Sarver allegedly were involved in a robbery at a convenience store in Onslow County and then were chased across several North Carolina jurisdictions before their vehicle was disabled and crashed. Precise details of the incident were unavailable at the time of writing. Keep reading for more news.
Substance Use Disorder Treatment During a Pandemic: A Conversation with TROSA
Today’s post is a conversation between Jamie Markham (JM) and Kristen Rosselli (KR), Chief Operating Officer at TROSA. We’ve been getting a lot of questions about how TROSA and other substance use disorder treatment programs are operating during the pandemic, so I thought I would go straight to the source to learn more. This post should not be viewed as an endorsement of TROSA in particular—it just happens to be one of the largest programs in the state, and the one about which I get the most inquiries. As always, my goal is to share up-to-date information so you can make informed decisions for the defendants, clients, and cases that come before you.
“True Threats” After Taylor
Near the end of last year, the North Carolina Supreme Court decided State v. Taylor, 2021-NCSC-164, 866 S.E.2d 740 (2021), and we summarized the opinion here. This post considers the potential impact of Taylor on other offenses involving threatening speech, and addresses a couple lingering questions that may arise in future cases.
News Roundup
Emergency response officials and personnel at the state and local level deserve special recognition this week for their handling of the extremely dangerous fire at a fertilizer production facility in Winston-Salem. As the Winston-Salem Journal reports, a massive fire broke out at the Winston Weaver fertilizer plant on Monday night, prompting emergency responders to go door-to-door to warn residents within one mile of the site to evacuate their homes because of the possibility that roughly 600 tons of ammonium nitrate could explode and devastate the surrounding area. The threat of an explosion was diminishing at the time of writing. Keep reading for more news.
Case Summaries: N.C. Court of Appeals (Feb. 1, 2022)
This post summarizes criminal decisions from the North Carolina Court of Appeals published on February 1, 2022. As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
SB300 and Early Warning Systems
State law now requires every law enforcement agency to implement an “early warning system.” What is an early warning system? Do such systems work? And what can small agencies do to comply with the law? Read on to learn more.
Drunk and Disorderly: A Reminder Ahead of the Peak Sports Season
February tends to be a very popular month for sports. The Super Bowl is around the corner, NCAA basketball is heating up with conference games, we are deep into the NBA season, and even the MLB is gearing up for spring training. Fans show their support for and allegiance to teams while watching games at home, in the arena, or at a local bar. Celebration often leads to drinks, drinks occasionally lead to questionable behavior, and questionable behavior frequently leads to consequences. Although it is not a crime in North Carolina to be drunk in public, it is a criminal offense to be drunk and disorderly in public.
Hats Off to Newly Certified Magistrates
Begin reading this post by standing up. Remain standing if you have worked in a position that has required you to interact directly and regularly with members of the public during the pandemic. Otherwise, sit down. Remain standing if this job has required you and your colleagues to (1) apply changing guidance from the state … Read more
News Roundup
Yesterday Justice Stephen Breyer announced that he will retire from the United States Supreme Court when the court takes its summer recess later this year, assuming that his successor has been confirmed by that time. As a profile from SCOTUSblog explains, Breyer was nominated to the Supreme Court by former President Bill Clinton in 1994 after serving for 14 years on the 1st Circuit Court of Appeals. President Joe Biden made a campaign pledge to nominate a Black woman to the Supreme Court and said yesterday that he intends to follow through on that commitment by the end of February. Keep reading for more news.