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North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment
Article • December 15, 2021 • from CLN January, 2022
Filed under: Impeachment Evidence/Purposes, Right to Testify/Remain Silent
North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment by Anthony Accurso by Anthony W. Accurso The Supreme Court of North Carolina held that defendants filing a pretrial notice of intent to rely upon the affirmative …
News in Brief
Article • September 15, 2021 • from CLN October, 2021
Filed under: News in Brief
News in Brief by Arizona: After shooting more people than any other U.S. city or county police department in 2018, the Phoenix Police Department (PhxPD) will now be the subject of a “pattern and practice” (P&P) investigation announced on August 5, 2021, by the federal Department of Justice (DOJ), according …
North Carolina Court Rules That Felons Not in Prison Must Be Allowed to Vote
Article • September 15, 2021 • from CLN October, 2021
Filed under: Felon Disenfranchisement Statute
North Carolina Court Rules That Felons Not in Prison Must Be Allowed to Vote by Chuck Sharman by Chuck Sharman On August 23, 2021, in a decision that immediately enfranchised some 55,000 North Carolinians, a state court ruled that felons released from prison on supervision may not be barred from …
Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act
Article • September 15, 2021 • from CLN October, 2021
Filed under: U.S. Sentencing Guidelines, First Step Act
Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the …
Activists Call Proposed NC Anti-Riot Law “Anti-BLM”
Article • August 20, 2021
Filed under: Protests, Racial Profiling
Activists Call Proposed NC Anti-Riot Law “Anti-BLM” by A bill working its way through North Carolina’s GOP-dominated legislature, which would criminalize protests that cause over $1,500 in property damage, got pushback on August 18, 2021, with the state leader of the American Civil Liberties Union (ACLU) calling it “a retaliation …
Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers
Article • August 15, 2021 • from CLN September, 2021
Filed under: Automobile Exception
Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit extended the holding in Arizona v. Gant, 556 U.S. 332 (2009) (vehicle may be searched incident to arrest without a warrant if police …
Woodward v. North Carolina Dept of Public Safety, NC, Brief, Censorship, 2021
Brief • August 2, 2021
Filed under: Censorship
Woodward v. North Carolina Dept of Public Safety, NC, Brief, Censorship, 2021 NORTH CAROLINA INDUSTRIAL COMMISSION I.C. FILE NO. TA-27840 A.G. FILE NO. 19-02246 ROBERT E. WOODWARD, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Defendant. ) ) ) ) ) ) ) ) DEFENDANT'S BRIEF TO THE FULL COMMISSION …
Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court
Article • July 15, 2021 • from CLN August, 2021
Filed under: U.S. Sentencing Guidelines, Waiver of Appeal Rights
Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held that a challenge to non-mandatory conditions of supervised release that were not orally pronounced in open court …
North Carolina Governor Announces Formation of Juvenile Sentence Review Board
Article • June 15, 2021 • from CLN July, 2021
Filed under: Juvenile Offenses/Offenders
North Carolina Governor Announces Formation of Juvenile Sentence Review Board by Douglas Ankney by Douglas Ankney On April 8, 2021, North Carolina Governor Roy Cooper announced the formation of the North Carolina Juvenile Sentence Review Board (“Review Board”). Governor Cooper referenced well-known facts, saying “[d]evelopments in science continue to show …
Woodward v. North Carolina Dept of Public Safety, NC, Decision and Order, Censorship, 2021
Brief • May 20, 2021
Filed under: Censorship
Woodward v. North Carolina Dept of Public Safety, NC, Decision and Order, Censorship, 2021 NORTH CAROLINA INDUSTRIAL COMMISSION I.C. NO. TA-27840, ROBERT WOODWARD, Plaintiff v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Defendant. DECISION AND ORDER BY: THEODORE S. DANCID, Deputy Commissioner. Filed: 20 May 2021 The above-captioned matter came on …
Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop
Article • May 15, 2021 • from CLN June, 2021
Filed under: Suspicionless Searches
Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a second handshake that was “more deliberate” and longer …
North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment
Article • April 15, 2021 • from CLN May, 2021
Filed under: Competency Hearing
North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment by Matthew Clarke by Matt Clarke The Supreme Court of North Carolina handed down an opinion dated December 18, 2020, reversing a woman’s three felony embezzlement convictions after determining that the …
News in Brief
Article • March 15, 2021 • from CLN April, 2021
Filed under: News in Brief
News in Brief by California: A federal jury awarded a man who suffered severe head and face injuries in an encounter with a San Diego detective $1.5 million in November 2020. San Diego’s City Council, meanwhile, is expected to “approve a $2.5 million settlement, the money awarded by the jury …
Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related
Article • March 15, 2021 • from CLN April, 2021
Filed under: Parole Board Misconduct, Conditions of, Access to Computers/Internet, Possession of Pornography
Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of North Carolina’s special conditions of release that banned …
North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty
Article • March 15, 2021 • from CLN April, 2021
Filed under: Refusal to assist, Plea Allocutions, Acceptance/Rejection by the Court
North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty by David Reutter by David M. Reutter The Supreme Court of North Carolina held a trial court erred in refusing to accept a criminal defendant’s tendered guilty plea because he refused …
North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error
Article • February 15, 2021 • from CLN March, 2021
Filed under: Credibility of Declarant, Elements of Offense
North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error by Douglas Ankney by Douglas Ankney The Supreme Court of North Carolina upheld a decision of the Court of Appeals (“COA”) that found plain error where an investigator from the Department of Social Services Child Protective Services …
North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire
Article • February 15, 2021 • from CLN March, 2021
Filed under: Racial Bias, Case Specific Questions
North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire by Douglas Ankney by Douglas Ankney The Supreme Court of North Carolina held that a superior court abused its discretion when it flatly prohibited the defense’s questions during voir dire regarding racial …
Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There
Article • January 15, 2021 • from CLN February, 2021
Filed under: Arrest Warrants, Reasonable Suspicion
Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the phrase “reason to believe the suspect …
Wrongly Convicted North Carolina Man Released After 44 Years in Prison
Article • December 15, 2020 • from CLN January, 2021
Filed under: Wrongful Conviction
Wrongly Convicted North Carolina Man Released After 44 Years in Prison by Douglas Ankney by Douglas Ankney In 1976, an all-White jury from Concord, North Carolina, convicted Ronnie Long, a Black man, of raping a White woman and sentenced him to 80 years in prison. He was convicted despite a …
North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent
Article • November 25, 2020 • from CLN December, 2020
Filed under: Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness
North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent by Douglas Ankney   by Douglas Ankney The Supreme Court of North Carolina extended State v. Harbison, 337 S.E.2d 504 (N.C. 1985) (holding per se violation of defendant’s constitutional right to effective counsel when …
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