The Winston-Salem Journal reports that seven alumni of the UNC School of the Arts have filed a lawsuit in Forsyth Superior Court alleging that they were victims of sexual abuse perpetrated by faculty members in the 1980s and that school administrators did not intervene after the students reported the abuse. The plaintiffs are asking that the suit proceed as a class-action and say that several hundred former students could join. Keep reading for more news.
Case Summaries: N.C. Court of Appeals (Oct. 5, 2021)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on October 5, 2021. 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.
From 6 to 10: New Minimum Age for Juvenile Delinquency and Undisciplined Jurisdiction
Session Law 2021-123 includes several significant changes to the law that governs juvenile delinquency cases. This post will describe one of those changes—an increase in the minimum age for delinquency and undisciplined cases. As I write this post, that age is set at 6 years old. G.S. 7B-1501(7)a., -1501(27)a. Beginning with offenses committed on or after December 1, 2021, the minimum age for most acts of delinquency and for all undisciplined behaviors will be 10 years old. S.L. 2021-123 § 5.(b). This change comes with limited exceptions that provide for delinquency jurisdiction for some offenses committed at ages 8 and 9, a new procedure for juvenile justice to work with children between the ages of 6 and 10 through a juvenile consultation process, and new law related to the role of parents in juvenile consultation matters. This post walks through each of these components.
News Roundup
The Associated Press reported Thursday that four North Carolina prisons and a drug addiction treatment facility are being renamed because of historical connections to racism or slavery. NC DPS has a press release about the name changes here. The new names take effect on Monday. Keep reading for more on this story and other news.
Case Summaries — N.C. Supreme Court (September 24, 2021)
This post summarizes criminal decisions released by the Supreme Court of North Carolina on Friday, September 24, 2021.
The Citation Project Report—1st Report
Editor’s Note: This is the first post by Ethan Rex, who has served as the Project Manager for the Criminal Justice Innovation Lab since June 2020. We welcome Ethan to the blog!
The UNC School of Government Criminal Justice Innovation Lab recently released a report of early findings for the Citation Project. Executed by the Lab and the North Carolina Association of Chiefs of Police (NCACP), the Citation Project seeks to improve policing practices through implementation and rigorous evaluation of a model citation in lieu of arrest policy. Initial findings from the first report are promising: citations are being heavily used in pilot sites, there were no racial disparities in warrantless arrests, implementation is strong, magistrates’ bail decisions suggest the policy is working as intended, and use of citations results in substantial time savings for police departments.
News Roundup
USA Today reports that federal indictments for financial crimes were issued this week against Brian Laundrie, who also has been named as a person of interest in the killing of his fiancé Gabby Petito. Petito’s disappearance, and the eventual discovery of her remains at a campground near Grand Teton National Park in Wyoming, became a major national news story when Laundrie returned to Florida without Petito after the pair embarked on a cross country road trip. Laundrie did not explain Petito’s disappearance and has himself been missing for more than a week. Keep reading for more news.
Case Summaries: N.C. Court of Appeals (Sept. 21, 2021)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on September 21, 2021. 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.
General Assembly Amends Rules for Disclosure of Body Cam Recordings
North Carolina’s law governing the disclosure and release of body-worn camera footage took center stage last spring following the shooting of Andrew Brown in Elizabeth City. John Rubin wrote here about litigation on that issue, noting that one prominent feature of the statutory scheme was that determining matters of disclosure and release “takes time.” This session, the General Assembly amended the rules governing disclosure of recordings that depict death or serious bodily injury to require (1) that a court determine whether a recording be disclosed; and (2) that the court make such a determination within seven business days of the filing of a disclosure petition. This post will review those changes.
Case Summaries: Fourth Circuit Court of Appeals (August 2021)
This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals released during August 2021 that may be of interest to state practitioners. Previous Fourth Circuit summaries are available on the SOG website here. Summaries are also emailed to subscribers of the SOG criminal law listserv.