Another Look at PJCs
North Carolina Criminal Law
by Phil Dixon
1d ago
Prayer for judgment continued or a “PJC” is a common disposition in criminal cases, most frequently for traffic law violations or low-level crimes, where entry of final judgment is delayed indefinitely. We have previously covered when conditions on a PJC convert it to a final judgment, limits on the use of PJCs, sex offender registration and PJCs, whether a PJC can be expunged, collateral consequences of PJCs, and other contexts where questions about PJCs arise. A case from the Court of Appeals last year has generated renewed interest in dispositional PJCs. Dispositional or “true” PJCs typical ..read more
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GiveUNC Is Today
North Carolina Criminal Law
by Jeff Welty
1d ago
Today is GiveUNC. According to the GiveUNC website, this is “a day when alumni, friends, faculty [and staff] and other Carolina supporters come together to support the causes they care about most.” We hope that the School of Government provides value to you. The School is unique in our focus on providing training, consulting, and research to public officials, including court officials and those involved in the justice system. Each year we offer more than 200 courses and webinars, publish approximately 50 books, manuals, and articles (and this blog), and spend thousands of hours helping public ..read more
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Surveillance Video- When It Comes In and When It Doesn’t
North Carolina Criminal Law
by Daniel Spiegel
3d ago
Video evidence authentication has received a fair amount of treatment on this blog. The topic remains an area of practical significance given the prevalence of video evidence in criminal trials and how common it is for the prosecution’s case to hinge on the admission of video. We are increasingly a video-focused society. Between home security cam, doorbell cam, body-worn cam, in-car cam, pole cam, and even parking lot cam, juries increasingly expect to see video, whether the incident in question occurred outside a home, near a business, or on the roadside. In this post, I will focus on surveil ..read more
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News Roundup
North Carolina Criminal Law
by Brittany Bromell
6d ago
On Monday, the Louisiana Senate unanimously passed a bill that would make it a crime to knowingly import, transport, buy, sell, manufacture, or possess a child sex doll. According to proponents of the bill, the dolls resemble children 12 and younger and are used for sexual gratification (for all the Law & Order: SVU fans, this issue was illustrated in an episode of the current season). Depending on the circumstances, intent, and whether or not the doll is imported, a conviction could result in up to two years imprisonment and a fine of up to $20,000. A number of other states have passed la ..read more
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Case Summaries: Fourth Circuit Court of Appeals (Feb. 2024)
North Carolina Criminal Law
by Phil Dixon
1w ago
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during February 2024. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Search and seizure of the defendant was supported by probable cause; extension of stop was supported by reasonable suspicion; girlfriend with possession of defendant’s cell phone could consent to its search; loss of body cam video was not bad-faith destruction of evidence; convictions for witness tampering and obstruction of evi ..read more
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Recordings by Government Officials
North Carolina Criminal Law
by Phil Dixon
1w ago
This post is co-authored with SOG faculty member Kristina Wilson and is cross-posted to the Coates’ Canons blog. When and how can state and local government officials and employees record government meetings or their interactions with citizens? Does it matter if the recording is done openly or secretly? Recording may be tempting, particularly where there is a controversial matter at issue. The ability to record can be a useful tool, but there are several laws that government actors need to know if they want to use this tool legally and effectively. This post focuses on the issues surrounding g ..read more
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Immigration Consequences of DV Offenses: Stalking and Violation of DVPOs
North Carolina Criminal Law
by Brittany Bromell
1w ago
Last week, in the first part of this two-part series, I talked about the “crime of domestic violence” ground of deportability for noncitizens and what role convictions of North Carolina offenses play in triggering that ground. This post covers immigration consequences of the “stalking” and “violation of protection orders” grounds of deportability. Stalking A conviction for a “crime of stalking” is a deportability ground within 8 U.S.C. 237(a)(2)(E)(i), regardless of whether it involves a domestic relationship. While stalking seems to be a clear cut ground for to removal, a conviction of stalki ..read more
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News Roundup
North Carolina Criminal Law
by Shea Denning
1w ago
Raleigh is ending its red-light camera program after two decades of operation. The News and Observer has the story here. Red-light camera programs across North Carolina have steadily folded following court rulings that their funding model (in which the camera vendor is paid more than 10 percent of the net proceeds of fines) runs afoul of the fines and forfeiture clause of the state constitution. Of course, the city still wants people to stop at red lights. Last year, it installed reflective backplates, a border on traffic signals to make them stand out, at red-light-camera-intersection signals ..read more
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Court of Appeals Holds that State Constitution Prohibits Substitution of Alternate Jurors After Deliberations Begin
North Carolina Criminal Law
by Shea Denning
1w ago
When a deliberating juror in Eric Chambers’ April 2022 murder trial told the presiding judge that he could not be available in court the next day because of a medical appointment, the trial judge discharged the juror, substituted an alternate juror, and instructed the jury to restart its deliberations. In doing so, the trial judge followed the procedures set forth in G.S. 15A-1215(a) for substituting an alternate juror after deliberations have begun. Chambers, who represented himself at trial, did not object. The reconstituted jury subsequently found Chambers guilty of first-degree murder and ..read more
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Case Summary: McElrath v. Georgia (SCOTUS)
North Carolina Criminal Law
by Alex Phipps
1w ago
This post summarizes McElrath v. Georgia from the Supreme Court of the United States, decided on February 21, 2024. This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Verdict of Not Guilty by Reason of Insanity is Acquittal for Purposes of Double Jeopardy Clause. McElrath v. Georgia, 601 U. S. ____ (2024). In this case concerning the Fifth Amendment’s Double Jeopardy Clause, Damian McElrath petitioned for relief after the Supreme Court of Georgia held its state’s repugnancy doctrine allowed the retrial of M ..read more
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