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WLOS reports that Buncombe County District Attorney Todd Williams announced yesterday that his office will not initiate criminal charges in the death of Jacob Biddix, who died at Mission Hospital after being transported there when he was found in distress in his cell at the Buncombe County Detention Center. Keep reading for more on this story and other news.
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on September 7, 2021. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
On September 2, 2021, North Carolina Governor Roy Cooper signed Session Law 2021-138 (S300) into law. The law makes wide ranging changes to the state’s criminal law and procedure, including adjustments to satellite-based monitoring based on Grady v. North Carolina, limitations on the enactment of local ordinance crimes, and revised standards for the hiring, certification, and decertification of law enforcement officers. The law has various effective dates, depending on the particular provision. This post will concentrate on changes to first appearance requirements. My colleagues will address other aspects of the changes made by this law in future blog posts.
Each year the School of Government summarizes legislation enacted by the North Carolina General Assembly affecting criminal law and procedure and motor vehicle laws. We also explore selected legislation in more depth on this blog. Most criminal law legislation has an effective date of December 1 to allow the courts to prepare for the changes. What follows is a brief summary of the criminal law and related legislation with earlier effective dates enacted thus far during the 2021 legislative session. It isn’t everything the legislature has done, and by no means is it everything you need to know.
Tragedy struck at Mount Tabor High School this week where a student, William Chavis Raynard Miller, Jr., was shot and killed, apparently by another student. As the Winston-Salem Journal reports, hundreds of people attended a vigil for Miller yesterday at Mount Tabor United Methodist Church. Keep reading for more on this story and other news.
Author’s Note: The opinion discussed below was reversed by the North Carolina Supreme Court in State v. Newborn, 330PA21, ___ N.C. ___ (June 16, 2023). The North Carolina Supreme Court’s opinion is discussed here.
The first sentence of State v. Newborn, ___ N.C. App. ___, 2021-NCCOA-426 (Aug. 17, 2021) sums up the issue: “When the charge of possession of a firearm by a felon is brought in an indictment containing other related offenses, the indictment for that charge is rendered fatally defective and invalid, thereby depriving a trial court of jurisdiction over it.”
Even after I read it that straightforward statement, I questioned my understanding. This rule struck me as inconsistent with recent caselaw holding that the violation of statutory pleading rules for prior convictions does not deprive the trial court of jurisdiction. See State v. Brice, 370 N.C. 244 (2017). But (ipso facto) that is the rule for felon in possession indictments, which prosecutors ignore at the case’s peril.
As the North State Journal reports, the General Assembly recently passed a bill that repeals North Carolina’s pistol purchase permit law. Opinions on the bill are divided and it remains to be seen whether Governor Cooper will sign it into law. Keep reading for more on this story and other news.
As students across North Carolina head back to school, it is a good time to review the law that governs notifying schools about juvenile delinquency cases. Prior to raise the age, notification of charges for high school students required an understanding of the requirements under both the Juvenile Code for delinquency cases and the Criminal Code for cases in which students were accused of crimes committed at ages 16 and 17. Now, under the post-raise the age statutory structure of juvenile jurisdiction, the Juvenile Code requirements will govern nearly all school notifications.
Here are the headlines:
A new book by Brandon Garrett is a deep dive into the misuse of forensic evidence in criminal courtrooms. To borrow from its description, Autopsy of a Crime Lab: Exposing the Flaws of Forensics “is the first book to catalog the sources of error and the faulty science behind a range of well-known forensic evidence, from fingerprints and firearms to forensic algorithms.” Professor Garrett has also recorded video lectures to accompany the information in the book. Together with Indigent Defense Services and the SOG, we are pleased to announce a new online CLE course based on the book and video series. Read on for more details.
The School of Government and the North Carolina Judicial College are excited to announce the addition of Emily Turner to the faculty. Emily joined the School in July 2021 and will be the lead faculty member working with district court judges, superior court judges, clerks of court, and magistrates on legal and practical aspects of conducting civil trials and contested hearings with a particular focus on the North Carolina Rules of Civil Procedure. 