North Carolina Criminal Law

Supreme Court Un-“Capps” Amendments

November 11, 2020November 10, 2020 Jonathan Holbrook

A few months ago, Jamie Markham summarized the North Carolina Supreme Court’s decision in State v. Capps, 374 N.C. 621 (2020), affirming the procedure used by the state to cure a defect with the name of the victim in larceny and injury to personal property charges. The higher court’s decision reversed the Court of Appeals ruling in State v. Capps, 265 N.C. App. 491 (2019), a case that Jeff Welty blogged about here.

The more recent Capps case is one that I have found myself mentioning over and over again during presentations on pleadings, amendments, and legal updates, so I thought we should close the loop on those earlier blog posts by digging a little deeper into its holding. Procedurally, Capps is a significant and helpful case for the state, but it remains to be seen how one aspect of the decision will be reconciled with existing case law.

The Impact of COVID-19 on Sentencing

November 9, 2020 Ian Mance

While the suspension of jury trials caused by the pandemic has slowed the work of the criminal courts, judges across the state continue to sentence defendants who enter guilty pleas. The prospect of their clients facing prison time during the pandemic has spurred defense attorneys to consider what arguments might be made during sentencing proceedings with respect to the heightened danger of a defendant contracting COVID-19 in a correctional facility.

News Roundup

November 6, 2020 Christopher Tyner

A march from Wayman’s Chapel AME Church in Graham to the Alamance County Court Square on the last day of North Carolina early voting received national attention this week when law enforcement officers used pepper spray to disperse the crowd and made several arrests. Keep reading for more on this story and other news.

Case Summaries — N.C. Court of Appeals (Nov. 3, 2020)

November 5, 2020November 5, 2020 Shea Denning

This post summarizes published opinions issued by the Court of Appeals of North Carolina on November 3, 2020.

The 2020 Election: What’s Going on Down the Ballot?

November 5, 2020November 4, 2020 Shea Denning

No one is coming to the North Carolina Criminal Law blog for late-breaking election news. And I have no insight into whether Donald Trump or Joe Biden will garner the 270 electoral votes necessary to serve as the next commander in chief. Nevertheless, I’m writing this post for posterity – and to highlight some down-ballot election results that may impact courts and criminal justice in our state. The election results described below were taken from WRAL.com and the North Carolina State Board of Elections website.

Pilot Sites Chosen for North Carolina’s Citation Project

November 2, 2020 Jessica Smith

Back in July I wrote a post (here) inviting North Carolina police departments to apply to participate as pilot sites for The Citation Project. Executed by the UNC School of Government’s Criminal Justice Innovation Lab and the North Carolina Association of Chiefs of Police, The Citation Project seeks to improve policing practices through implementation and rigorous evaluation of a model citation in lieu of arrest policy. Four pilots sites have been selected. They include: Winston-Salem, Wilmington, Apex and Elizabeth City.

News Roundup

October 30, 2020October 30, 2020 Christopher Tyner

This week Amy Coney Barrett was sworn in as an Associate Justice of the United States Supreme Court. Barrett took the Constitutional Oath, administered by Justice Thomas, in an evening ceremony at the White House South Lawn on Monday. On Tuesday morning, Chief Justice Roberts administered Barrett’s Judicial Oath at a private ceremony at the Supreme Court Building. Barrett’s swearing in followed a confirmation vote in the Senate that fell largely along party lines, with 52 senators voting to confirm her to the court and 48 voting against. Susan Collins cast the only Republican vote against Barrett’s confirmation, saying the vote was not related to Barrett’s qualifications but a reflection of her view that the vote should have taken place after the upcoming election. Keep reading for more news.

Procedural Justice in Policing

October 29, 2020 Shea Denning

Procedural justice and procedural fairness are terms that refer to the way legal authorities interact with the public and how those interactions shape the public’s view of those authorities. I first learned of this framework for evaluating those interactions in connection with my work with court officials. Researchers have determined that people’s assessments of their experiences in the court system are influenced more by how they are treated and how their cases are handled than by whether they win or lose. It turns out that the same principles apply to the public’s perception of law enforcement officers. And a perception of procedural justice may increase the public’s compliance with the law and their willingness to cooperate with officers.

Source: Laura Kunard & Charlene Moe, Procedural Justice for Law Enforcement Agencies: Organizational Change through Decision Making and Policy (Chicago: Center for Public Safety and Justice, 2015), 53.

In Search of Youth Voice: Were You or Someone You Know Involved with Juvenile Court in N.C.?

October 27, 2020 Jacquelyn Greene

Much of our work at the School of Government is focused on creating educational materials for professionals who work in North Carolina’s juvenile court—especially judges and attorneys. We want to share the voices of those who are affected the most – the juveniles. Professor Sara DePasquale and I are starting a video project to give voice to the experience of juveniles who have been involved in the juvenile justice and/or child welfare systems. This post provides some information on what we hope to do and how to contact us if you or someone you know is interested in participating.

News Roundup

October 23, 2020 Christopher Tyner

This week the U.S. Department of Justice announced that Purdue Pharma will plead guilty to three federal criminal charges related to the company’s distribution of its opioid painkiller OxyContin. The company will plead guilty to conspiracy to defraud the United States and violating federal anti-kickback laws, offenses generally arising from Purdue Pharma’s efforts in coordination with others in the medical field to dispense OxyContin without a legitimate medical purpose. As the Associated Press reports, the plea deal is part of an $8 billion settlement that includes a $2 billion criminal forfeiture, a $3.54 billion criminal fine, and $2.8 billion in civil damages. The deal does not absolve the Sackler family, who owned the company while it engaged in the illicit activity, from criminal liability and some are calling for members of the family to face charges. Keep reading for more news.