Senate Bill 300 was an omnibus criminal justice reform bill passed last year. One of its provisions presumptively decriminalizes most violations of local ordinances. In this post, I’ll address some of the questions that have arisen about that provision.
Structuring Individualized Delinquency Dispositions
The Juvenile Code requires the court to select the most appropriate disposition for the delinquent juvenile. G.S. 7B-2501(c). Under this statute, the disposition must be designed to protect the public and to meet the needs and best interests of the juvenile based on offense severity, the need for accountability, the importance of protecting public safety, the juvenile’s degree of culpability, and the rehabilitative and treatment needs of the juvenile. There are many different statutory pathways available to the court to structure individualized dispositions targeted to meet the needs of the juvenile and reduce their risk of reoffending. This post explores some of those options, with an emphasis on alternatives outside of standard terms and conditions for probation or placement in out-of-home settings.
North Carolina Magistrates Authorized (Again) to Conduct First Appearance in Limited Circumstances
The North Carolina General Assembly revisited the authority of magistrates to conduct first appearances in Session Law 2022-6 (H243). The General Assembly ratified the law on 3/11/2022, and the Governor signed the legislation on 3/17/2022. The fifty-two page act is fairly typical session wrap up legislation. It makes numerous changes across statutes addressing many different … Read more
News Roundup
Late last week Governor Roy Cooper’s office announced that he had commuted the sentences of three people who were sentenced to lengthy prison terms as teenagers and had served decades behind bars. April Leigh Barber, now 46, served 30 years in prison after being convicted of killing her grandparents by setting their house ablaze when she was 15 years old; she has a job lined up as a paralegal when she is released, according to WFMY. Joshua McKay, now 37, served 20 years for the murder of Mary Catherine Young in Richmond County when he was 17; the Richmond County Daily Journal says that he would have been released in November of this year absent the commutation. Finally, Anthony Willis, now 42, has served 26 years for the murder of Benjamin Franklin Miller in Cumberland County at the age of 16; WRAL reports that Willis has earned several college degrees while in prison, including a masters degree. The commutations were recommended by the Juvenile Sentence Review Board, which Cooper previously established by executive order. Keep reading for more news.
Case Summaries – North Carolina Court of Appeals (March 15, 2022)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on March 15, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Case Summaries – Supreme Court of North Carolina (March 11, 2022)
This post summarizes criminal decisions released by the Supreme Court of North Carolina on March 11, 2022.
News Roundup
As the Associated Press reports, countries around the world are calling for an investigation of whether Russia has committed war crimes during its invasion of Ukraine. In a joint press conference with Polish President Andrzej Duda, Vice President Kamala Harris expressed the US Government’s support for the investigation, saying that Russia had committed “atrocities” during the invasion by bombing civilian areas, including an attack on a maternity hospital in Ukraine. Keep reading for more news.
Prosecuting Defendants in Bankruptcy
This post summarizes an unusual point of law that recently caught me by surprise, and it’s one which I don’t believe we’ve ever directly covered on the criminal law blog before: the impact of bankruptcy on criminal charges.
After reading that introduction, I know some of you may be tempted to skip this one, but bear with me — whether you’re prosecuting or defending, and whether it’s a complex felony embezzlement case or a simple misdemeanor failure to return rental property, this could potentially be a pretty big deal. (Alternatively, if that’s not enough to hook you, please click through anyway to see a personal announcement at the end of this post.)
News Roundup
As Reuters reports, this week Purdue Pharma and its owners the Sackler family agreed to pay $6 billion to resolve litigation brought by a group of state attorneys general related to the company’s substantial culpability for the American opioid epidemic. The deal is part of bankruptcy proceedings that, if approved, will result in Purdue Pharma ceasing to exist. In 2020 Purdue Pharma pleaded guilty to federal criminal charges related to its distribution of OxyContin. Keep reading for more news.