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Insurrection in North Carolina

Eric Gavelek Munchel, Pro-Trump Capitol Riot Zip-Tie ...As I write this post, news headlines continue to be dominated by coverage of the violence that occurred at the U.S. Capitol on January 6th. Dozens of people have been charged with crimes so far, and many others are being actively investigated for offenses including curfew violations, property crimes, assault, and possessing unlawful weapons or explosives. Perhaps the most striking allegation, and the one which will serve as the basis for a new article of impeachment against the president, is “insurrection.”

The criminal courts, or Congress in the case of impeachment, will decide whether the defendants are guilty of those offenses. But it made me wonder, particularly in light of new warnings about similar events occurring at state capitols in the days ahead, what does our law say about insurrection in North Carolina?

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Beaten, Battered, and Bruised: Multiple Assault Offenses or a Continuing Assault Offense?

Imagine a case of domestic violence in which the perpetrator physically and violently assaults a victim. The perpetrator punches the victim with his fist, grabs the victim by the throat and strangles her, and grabs the nearest object and hits her over the head. The victim suffers a broken jaw, black eye, and a concussion and sustains bruising to the neck.

Assuming each of these acts occurred within a short and continuous time frame, could the perpetrator be charged with multiple counts of assault or only one?

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News Roundup

Readers no doubt already are aware of the criminal law news of this sad week in America where President Donald Trump is being blamed for inciting extremist political supporters to engage in a violent siege on the United States Capitol.  One person, Air Force veteran Ashli Babbitt, was shot dead by police as she and other rioters attempted to breach a barricaded door in the Capitol.  The deadly force used to repel Babbitt was remarkable in its singularity – throngs of rioters beset the Capitol and met little resistance, with video footage showing some police officers moving barriers, standing aside, and even posing for selfies in the midst of what Senate Majority Leader Mitch McConnell later called a “failed insurrection.”  Keep reading for more news.

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Case Summaries: N.C. Court of Appeals (Dec. 31, 2020)

This post summarizes published criminal decisions from the North Carolina Court of Appeals released on December 31, 2020. The summaries were prepared by Shea Denning, Jamie Markham, Chris Tyner, Gabrielle Supak, and Jonathan Holbrook. 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.

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Promising Results in Two New Bail Reform Evaluation Reports

On January 2020, North Carolina’s Judicial Districts 21 (Forsyth County) and 2 (Washington, Beaufort, Martin, Tyrrell, and Hyde counties) implemented bail reform. In both jurisdictions, reforms were implemented after a collaborative, consensus process. Participants included judges, prosecutors, defenders, magistrates, clerks, law enforcement leaders and others. Judicial District 21 adopted a new decision-making tool to be … Read more

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New Leaders for a New Year

With the exception of the buzz over the arrival of year Y2k, I have never in my lifetime seen people attach so much significance to the changing of the calendar year or express so much hope for what improvements that date change might usher in. The year 2021 has indeed arrived amidst the (socially distanced and masked) fanfare. And while none of us can know all of the ways in which our lives and work may change in the coming months, we do know that we will have new court system leaders helping us navigate these troubled waters.

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COVID-19 and the Use of Masks by Testifying Witnesses in Criminal Trials

As jury trials resume across the state, many criminal courts will soon confront the issue of whether to permit State’s witnesses to wear masks while testifying. CDC guidance suggests that there can be substantial health risks to allowing unmasked testimony in the confines of a courtroom, but as I explore below, the allowance of masked testimony presents its own significant constitutional risks.

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Case Summaries: N.C. Supreme Court (Dec. 18, 2020)

This post summarizes published criminal decisions from the North Carolina Supreme Court released on December 18, 2020. The summaries were prepared by Shea Denning, Chris Tyner, and Jonathan Holbrook. 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.

This is the final post for 2020. The blog will return after January 4, 2021.

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Case Summaries: N.C. Court of Appeals (Dec. 15, 2020)

This post summarizes published criminal decisions from the North Carolina Court of Appeals released on December 15, 2020. Special thanks to Gabby Supak and Jamie Markham for assisting with this batch.

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News Roundup

A joint investigation by the Orange County Sheriff’s Office and the U.S. DEA focusing on drug trafficking at fraternities at UNC made national news late this week when prosecutors announced charges against 21 people.  An Associated Press report says that people connected to the Phi Gamma Delta, Kappa Sigma, and Betta Theta Pi fraternities at UNC are alleged to have distributed more than a half-ton of marijuana, hundreds of kilograms of cocaine, and significant quantities of other drugs between 2017 and the spring of 2020.  Some of the drugs apparently were distributed at Duke and Appalachian State as well.  In a press release, U.S. Attorney Matthew G.T. Martin said that the “investigation reveals that the fraternity culture at these universities is dangerous” and called on University administrators and national fraternity chapters to intervene.  Keep reading for more news.

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