Hunter Biden has been the focus of journalistic, criminal, and political investigations for years as a result of questionable overseas business dealings and other alleged misconduct. Earlier this week, he apparently planned to put an end to his legal limbo by (1) pleading guilty in federal court to two misdemeanor counts of failure to pay taxes on over $1.5 million in income, and (2) entering into a two-year diversion agreement that would potentially result in his nonprosecution for a felony charge of possessing a firearm while being a drug user. The plea agreement also contained promises by the government not to prosecute Biden for certain other conduct and to recommend probation for the tax offenses. Although the prosecution was under the supervision of a Trump-appointed United States Attorney, critics saw the agreement as a sweetheart deal tainted by political interference. The Heritage Foundation and at least one member of Congress submitted filings to the court asking the judge not to accept the plea. And on Wednesday, Judge Maryellen Noreika did just that, expressing concern about the scope of the nonprosecution agreement and how Biden’s compliance with the deferral would be determined. The parties are apparently regrouping and attempting to reach a new agreement that the judge will accept. Meanwhile, Republicans in Congress are keen to hold hearings on the whole mess. Reuters has the basics here and CNN has some pertinent documents here. Keep reading for more news.
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According to WRAL and other sources, seven homes and one business have been damaged in six fires in Durham since July 2. The homes are all in the same area of town and were vacant at the time. Authorities believe the fires were intentionally set and are actively seeking information from the public about possible suspects. Read on for more criminal law news.
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I am embarrassed to admit that I enjoy the movies in the Fast & Furious franchise. I like exotic cars, which the films have in abundance. And there is something virtuous about Dominic Toretto, the character played by Vin Diesel. A downside of the series is that the films, particularly the early ones, glorify the spectacularly dangerous and irresponsible sport of street racing. Paul Walker, a star of the early movies, died while driving a Porsche at high speeds through the streets of Los Angeles. WRAL reports here that a bill moving quickly through the General Assembly targets street racing and street takeovers in North Carolina. Language has been added to S91 that would criminalize “operat[ing] a motor vehicle in a street takeover” or otherwise participating in or facilitating such an event. Drivers would be guilty of a Class A1 misdemeanor for a first offense and a Class H felony for later crimes. Vehicle seizure would also be possible under the law. Keep reading for more news.
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The General Assembly is working hard to fashion a budget for the upcoming biennium, but in the meantime, legislators are conducting other business. Of interest to this audience, H347, a bill that would legalize gambling on sports, appears to be very close to becoming law. Both chambers have passed the bill, but in slightly different versions that will need to be reconciled before final passage. Meanwhile, S3, a bill that would legalize medical marijuana, has passed the Senate and is working its way through House committees. Its fate in the House is uncertain but that is more than could be said in prior years, when similar measures have passed the Senate but have not received meaningful consideration in the House. Keep reading for more news.
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There have been some bumps in the road in the rollout of eCourts, the new electronic platform the court system is using in a handful of pilot counties for filing and case management. Now WRAL reports that a class action lawsuit has been filed alleging that the system “is keeping people in jail longer than they should be, and led to hundreds of people being arrested for things they did not do.” For example, the plaintiffs contend that “a Wake County woman was arrested multiple times on the same warrant for charges that were dismissed by a judge.” The Administrative Office of the Courts is not a named defendant but stated in the article that it has “not substantiated that any allegations of wrongful arrest or incarceration was caused” by the new system. Keep reading for more news.
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A Wake County couple was arrested last week on animal cruelty charges for poisoning three dogs belonging to a neighbor. Ironically, the husband was a donor and board member of a local dog rescue. The rescue group has since announced on Facebook that he has voluntarily resigned. Keep reading for more news.
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The state legislature continues to be in full swing. While much talk here on campus centers on a bill that would eliminate academic tenure, the criminal justice community is likely more interested in legislation that would expand warrantless cell phone surveillance. WRAL reports here that “[p]olice could track people’s cell phones in real time — without a warrant — under a bill that passed a state House committee Wednesday.” The bill in question is H719, and at a glance, it would allow the SBI to use a pen register or trap and trace device without court approval for up to 48 hours to find a runaway child or missing person, or when there is “immediate danger of death or serious bodily injury.” The bill has passed out of a House committee but its ultimate fate is uncertain. Keep reading for more news.
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WRAL reports here on renovations at the State Crime Laboratory. The renovations, supported by a $5 million appropriation, include “a new design for the Drug, Chemistry and Toxicology wing” that allows more space for analysts and scientific work. The idea is to improve workflow and reduce backlogs – a goal on which virtually everyone can agree. Keep reading for more news.
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A 21-year-old Massachusetts man has been arrested in connection with the recent leak of classified documents concerning the war in Ukraine. His name is Jack Teixeira, and he is an IT specialist and a member of the Air National Guard. WRAL reports here that “Attorney General Merrick Garland said he is to be charged with removing or transmitting classified national defense information, a crime under the Espionage Act.” Keep reading for more news.
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A bill was introduced at the General Assembly this week to prohibit certain pet leasing agreements. H226 would make it a class 2 misdemeanor to lease or sell a cat or dog pursuant to an agreement in which the animal is subject to repossession in the case of a missed payment. I had not heard of such agreements, but according to this Business Insider article, they are legal in 42 states and are not uncommon. Typically they are used when a person wants to buy a pet but can’t pay the entire amount up front and so enters into a lease-to-own or installment purchase agreement that carries the risk of repossession. A bill to address pet leasing was previously introduced in 2021, but that bill (H849) did not advance out of committee. Keep reading for more news.