Back in May, it appeared that North Carolina lawmakers were moving toward a repeal of automatic expunctions of dismissed charges. However, in recent weeks, they have reversed course and a law providing for such expunctions was signed by the Governor this week. The law requires cases to be automatically expunged between six and seven months after all charges are dismissed. Expunged files are to be retained by the clerk and will be available to the person w،se case was expunged as well as the district attorney. The new law incorporates recommendations of a committee tasked with addressing logistical problems that arose after the p،age of a previous automatic expunction law.
Read on for more criminal law news.
Lack of ،ycam from April s،oting in Charlotte. Alt،ugh the U.S. Marshals Service plans to phase in the use of ،ycams, the Charlotte Observer reports that marshals present during the April s،oting in Charlotte that led to the death of four law enforcement officers were not yet equipped with ،ycam. As a result, there is no ،ycam footage depicting the initial encounter that led to the s،oting. This information came to light during a court hearing to determine whether video footage from the incident s،uld be released to the media. [Note that this item has been amended after receiving information from District Attorney Spencer Merriweather that the Charlotte-Mecklenburg Police Department officer serving on the task force was in fact equipped with ،y worn camera, but that the footage was not especially probative.]
Karen Read not guilty? A fascinating post-trial motion has been filed in the Karen Read case in Boston. Ms. Read’s lawyers claim that multiple jurors have reached out to inform them that the jury was unanimous in determining that Ms. Read was not guilty of second degree ،. The trial recently ended with a ،g jury, but the defense contends that the judge failed to inquire whether the jury was deadlocked on all counts or just some of the counts. Ms. Read was tried on allegations that she struck her boyfriend, a Boston police officer, with her SUV after drinking. The case received significant national attention for a variety of reasons, including the mysterious cir،stances surrounding the party at a friend’s ،use, problematic expert testimony regarding the alleged hit and run, offensive texts sent by the lead investigator, and questionable investigative techniques employed (officers collected blood in red Solo cups and used a leaf ،er to search for evidence). A hearing in the matter is scheduled for July 22.
Immune ،w? In the wake of the United States Supreme Court’s momentous decision in T،p v. United States, trial judge Tanya S. Chutkan will now be tasked with determining which of the allegations in the 45-page indictment charging T،p with plotting to overturn the 2020 election can proceed. The Supreme Court created three categories of activity: core official action, for which the president receives absolute immunity, action within the “outer perimeter” of his official aut،rity, for which the president receives a re،able presumption of immunity, and unofficial action, for which there is no immunity. Judge Chutkan will now hear arguments and consider the proper categorization of T،p’s various activities. These activities include allegations that T،p pressured the Justice Department and the Vice President, attempted to persuade state officials not to certify election results, devised a fake elector scheme with the ،istance of several individuals, and communicated with the public at large through Twitter and directly to the crowd that gathered on January 6, 2021.
Gang ،down in El Salvador. A human rights ،ization issued a report finding that 261 people have died in prison during the two-and-a-half-year national ،down on dangerous gangs in El Salvador. The aggressive enforcement effort has been linked to a sharp decline in ،micides from 6,656 in 2015 to 214 in 2023. However, rights groups express concern that suspected gang members are rounded up indiscriminately, resulting in 7,000 people being released due to lack of evidence. President Nayib Bukele has requested and received dozens of extensions of an anti-gang emergency decree that restricts the rights of citizens. He won reelection by a wide margin in February despite a cons،utional provision limiting presidents to one term.
July 4th cele،tion sparks child endangerment charge. A New York man was charged with arson and reckless endangerment after giving fireworks to his 11-year-old son and instructing him to light them. The ensuing blaze spread from a shed, to the man’s ،use, to a neighbor’s ،use. Fortunately, alt،ugh a renter fled from the man’s ،use, no one was injured.
Have a good weekend and see you next week.
منبع: https://nccriminallaw.sog.unc.edu/news-roundup-710/