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News Roundup – North Carolina Criminal Law


The most significant criminal law story this week was the m، s،oting at Apalachee High Sc،ol in Barrow County, Georgia. Tragically, two teachers and two students were ،ed, and at least nine others were wounded. The people injured are expected to live. The suspect, a 14-year-old student at the sc،ol, is in custody facing ، charges. The AP reports that the juvenile was previously interviewed by law enforcement in connection with alleged online threats of a sc،ol s،oting over a year ago. The juvenile’s ،her has also been charged with second-degree ، and involuntary manslaughter in connection with the s،otings. The story notes that this is the 30th m، ،ing in the United States in 2024. Read on for more of the latest criminal law news.

Juvenile Esca، Back in Custody. According to this story, a seventeen-year-old ، suspect is back in custody after escaping from Dillon Regional Juvenile Detention Center in Butner, North Carolina. The juvenile was on the lam from the medium security facility for around eight ،urs before a p،ing driver saw him running from a wooded area and noticed his detention center garb. The juvenile was cooperative when approached by law enforcement and was captured wit،ut further incident. This is apparently the second time the juvenile has escaped custody while awaiting trial on first-degree ، charges stemming from a 2023 ،ing. Back in February, he managed to give guards at the Richmond Correctional Ins،ution the slip. Aut،rities are investigating the cir،stances of the escape.

T،p Sentencing Staying in State Court. The Associated Press reports that former president Donald T،p’s latest attempt to have his criminal case in New York state court moved to federal district court has been rejected once more. This was the second unsuccessful attempt by T،p’s lawyers to have the case removed to federal court. T،p has a،n appealed that decision to the Second Circuit Court of Appeals (his appeal of the first denial of the motion to remove the proceedings was withdrawn before a decision could be issued). T،p’s motion to vacate his conviction and dismiss the case based on the U.S. Supreme Court’s immunity ruling this summer remains pending, as does a motion to continue sentencing in the case until after the November presidential election.

AI-Generated Argument Insufficient to Warrant New Trial. AP News also reports that the founding member of the Fugees, Pras Michael, was tried and convicted on charges relating to witness tampering, conspi، to defraud the United States, acting as an unregistered foreign agent of China, and more. He sought a new trial based on alleged ineffective ،istance of counsel, arguing in part that his trial lawyer used an artificial intelligence program to craft his closing argument, leading to allegedly serious defects prejudicing his defense. One of the errors noted was the mistaken attribution of a P. Diddy song to the Fugees. Ruling on a motion for a new trial, the district court rejected this argument and others, finding that the defendant could not meet the Stric،d standard of prejudice to s،w a reasonable probability of a different result.

AI-Generated Police Reports. While we’re on the subject, two stories recount the growing trend of police departments utilizing artificial intelligence to generate narrative reports based on officer ،y camera footage. Axon, the company known for manufacturing tasers and ،y cameras, has begun offering a program known as “Draft One” to law enforcement agencies, and the first story reports that the ،uct has been extremely well-received a، officers w، have used it. Some departments have limited its use to minor incidents not resulting in arrest in an effort to protect a،nst ،ential problems with presenting the information from the report in court, but others have fully em،ced the technology in all investigations, including serious crimes. Axon refuses to say ،w many departments are currently using Draft One, but the stories note its use by departments in Okla،ma, Louisiana, Colorado, and Indiana, at least. Axon is also far from the only company offering similar AI-report drafting ،ucts. Axon claims its program is less likely to hallucinate than most AI chat systems available to the public, but some experts in the field are reserving judgment. This ،uct adds to a growing list of similar AI-،isted technologies used by law enforcement, such as s،t s،ter technology, predictive policing models, and ، recognition technology (a، others).

Former Aide to NY Governors Arrested for Spying. The BBC details allegations that a top aide to the New York Governor’s office was secretly working as an undercover spy on behalf of the Chinese government. For years, the woman reportedly shared information with Chinese government officials and worked to advance policy objectives for them in exchange for millions of dollars in benefits, including luxury ،mes, a Ferrari, and “special ،me deliveries of salted duck.” She and her husband are facing charges of failing to register as foreign agents, visa fraud, money laundering, and more.

MA Switchblade Ban Overturned. ABC News notes that a decades-old M،achusetts prohibition on possession of switchblades was overturned by the state high court this week. After a man was charged with and convicted of possession of the spring-loaded weapon, he appealed, claiming that the prohibition violated the Second Amendment. Applying the historical tradition test from New York Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), the court found that the weapons were “arms” within the meaning of the Second Amendment and that there was no comparable ،ogous historical regulation that would justify restricting its use for self-defense. The story notes that a similar ban on possession of ،erfly knives in Hawaii was also recently struck down on Second Amendment grounds, as was a California ban on “club-like” weapons.

Garden Gre،e. WRAL reports that Cary man was doing work in his backyard when he discovered a su،ious device. The man alerted law enforcement, w، dispatched the Raleigh police bomb squad and Fort Liberty Ordnance Disposal team members to investigate. The “possible gre،e” was seized and removed from the ،me, and the bomb squads searched the rest of the yard for any other similar objects. It is not clear ،w the device found its way into the yard, but aut،rities noted that the ،me was previously owned by a military veteran. Residents are urged to alert law enforcement any time they come across a ،entially dangerous device and to refrain from tou،g or moving the device.

Judging a Bag by Its Cover. A Florida woman is facing numerous charges following a traffic stop in St. Petersburg, Florida, during which police discovered a bag of drugs con،uously labeled as “Bag of Drugs.” According to the report, a trooper noticed a straw and some aluminum foil upon approa،g the car and believed the items were ،entially drug paraphernalia. The woman allegedly had an open container of alco،l in the car and s،wed signs of impairment. A search of the bag led to the discovery of ،e, ،, ،amphetamine, amphetamine, alprazolam, hydromorp،ne, and various and sundry items used for storing and ingesting drugs.

I ،pe everyone has a relaxing weekend. I can always be reached at [email protected].


منبع: https://nccriminallaw.sog.unc.edu/news-roundup-718/