Justia Criminal Law Opinion Summaries

In 2023, Charlotte Chemuti was arrested by officers from the Mooresville Police Department for resisting a public officer. To prepare for her trial, Chemuti served a subpoena on the police department requesting body camera footage related to her arrest. The Town of Mooresville responded, arguing that the requested recordings were confidential under North Carolina General Statute § 132-1.4A and could only be released through the procedure outlined in that statute, not by subpoena.Chemuti subsequently filed a motion in the District Court of Iredell County, without notice to the town, seeking release of the recordings. The district court granted her request, finding that while the statutory petition in superior court was the generally accepted practice, it was not the exclusive method for obtaining such evidence, and ordered the town to comply with the subpoena. The town appealed to the North Carolina Court of Appeals, which dismissed the appeal for lack of appellate jurisdiction, concluding that the order did not affect a substantial right. The town then petitioned the Supreme Court of North Carolina for review.The Supreme Court of North Carolina held that orders compelling disclosure of information protected by statutory confidentiality are immediately appealable, and the Court of Appeals erred in dismissing the appeal. On the merits, the Supreme Court determined that N.C.G.S. § 132-1.4A provides the exclusive procedure for obtaining law enforcement recordings in criminal cases, requiring a petition in superior court, and that district court subpoenas cannot be used to compel their release. The Court further held that this procedure does not violate constitutional rights to present a complete defense, as courts must still ensure defendants’ constitutional protections. The Supreme Court vacated the district court’s order and remanded for further proceedings. View "State v. Chemuti" on Justia Law

Law enforcement officers investigated a breaking and entering at a market in Fletcher, North Carolina, where cash, cigarettes, and lottery tickets were stolen. Days later, someone attempted to redeem one of the stolen lottery tickets at a store in Edneyville. Security footage showed a woman leaving the store and entering a black Dodge Durango with distinctive features. Detective Diaz traced the vehicle to a nearby residence, discovered it had a fictitious license plate, and observed items inside the vehicle that appeared related to the theft. Officers later conducted a search of the vehicle and the residence, recovering stolen property and tools linked to the crime.The Superior Court of Henderson County denied the defendant’s motion to suppress evidence, which argued that law enforcement’s observations at the residence and of the vehicle were improper without a warrant. The defendant subsequently pled guilty to several charges but reserved the right to appeal the suppression ruling. The North Carolina Court of Appeals affirmed the trial court’s decision, holding that probable cause existed for the search warrant and that officers acted lawfully at the scene. The majority also found that the inevitable discovery doctrine would apply, while a dissenting judge disagreed on both points.The Supreme Court of North Carolina reviewed the case and held that, even excluding information obtained during the contested “knock and talk,” the remaining facts in the warrant affidavit established probable cause to search the vehicle. The Court did not decide whether the officers’ conduct during the knock and talk was unconstitutional, nor did it address the inevitable discovery doctrine. The Court modified and affirmed the decision of the Court of Appeals, holding that the search warrant was properly issued based on probable cause supported by untainted evidence. View "State v. Norman" on Justia Law

The defendant was indicted on multiple charges, including two counts of first-degree murder, stemming from an armed robbery in which two victims were killed and another was left paralyzed. During jury selection at his trial in Cleveland County Superior Court, the State used peremptory challenges to excuse two black female prospective jurors. The defense objected, raising a Batson challenge and arguing that the State’s strikes were racially discriminatory. The trial court heard arguments from both sides, including the State’s race-neutral explanations for the strikes, and ultimately denied the Batson challenge, finding no prima facie case of discrimination.Following his conviction on all charges and sentencing to consecutive life terms plus additional imprisonment, the defendant appealed. The North Carolina Court of Appeals, in a divided decision, found that the trial court had moved past Batson’s first step by soliciting and hearing the State’s race-neutral reasons before ruling. The majority held that this rendered the first step moot and remanded the case for a new Batson hearing under the procedural requirements established in State v. Hobbs, 374 N.C. 345 (2020). The dissent argued that the trial court had not actually proceeded to Batson’s third step and that the first step was not moot.The Supreme Court of North Carolina reviewed whether the Court of Appeals erred in holding Batson’s first step moot and remanding for a new hearing. The Supreme Court held that the mootness exception to Batson’s three-step process is to be applied cautiously and only when the trial court has fully completed all three steps. Because the trial court had clearly ruled at step one and had not proceeded to step three, the Supreme Court reversed the Court of Appeals and remanded for consideration of whether the trial court’s step-one determination was clearly erroneous. View "State v. Wilson" on Justia Law

Law enforcement in New Hanover County received information from a confidential source that the defendant was trafficking and distributing large quantities of cocaine. Based on this tip, Detective Wenk applied for a court order to obtain cell-site location information (CSLI) for the defendant’s phone, along with other investigative tools. The trial court found probable cause and granted the order, allowing law enforcement to monitor the defendant’s CSLI. This data showed the defendant’s phone traveling from Wilmington, North Carolina, to Hayward, California, and back, coinciding with suspected drug trafficking activity. Officers later stopped and searched the defendant’s vehicle, discovering trafficking amounts of cocaine. The defendant was indicted on multiple drug-related charges and moved to suppress the evidence obtained from the CSLI and subsequent searches.The Superior Court of New Hanover County denied the motion to suppress, finding reasonable suspicion supported the order and the vehicle stop. The defendant entered an Alford plea but appealed the suppression ruling. The North Carolina Court of Appeals reversed the trial court’s decision, holding that the order for CSLI was not supported by probable cause as required by the Fourth Amendment, and that the evidence should be suppressed. The appellate court rejected the State’s argument that a statutory good faith exception applied, citing prior precedent that the North Carolina Constitution did not recognize such an exception.The Supreme Court of North Carolina reviewed the case and held that the statutory good faith exception in N.C.G.S. § 15A-974 applies only to evidence obtained in substantial violation of Chapter 15A, not to evidence obtained in violation of constitutional rights. However, the court further held that neither the United States Constitution nor the North Carolina Constitution required exclusion of the CSLI in this case, and formally adopted a good faith exception under the state constitution equivalent to the federal standard. The Supreme Court reversed the Court of Appeals, upholding the trial court’s denial of the suppression motion. View "State v. Rogers" on Justia Law

Police officers in Charlotte, North Carolina, received a tip from a confidential informant that a man matching the defendant’s description was riding a bicycle and carrying an illegal firearm. Officers located the defendant, who took a shortcut on a dirt path marked “No Trespassing.” After stopping him, officers asked for his identification, which he provided, and requested that he step off his bicycle and remove his backpack. The officers conducted a pat-down with the defendant’s permission. When asked for consent to search his backpack, the defendant initially agreed, then declined several times, expressing fear. Eventually, after further questioning, the defendant agreed to open his backpack, revealing a handgun. The defendant was arrested, and additional contraband was found.The Superior Court, Mecklenburg County, denied the defendant’s motion to suppress the evidence, finding that the officers had returned his identification and that he freely consented to the search. The court also found that the officers had reasonable suspicion and probable cause for the stop. The defendant entered an Alford plea to the charges and was sentenced to prison. The North Carolina Court of Appeals vacated the conviction, holding that the trial court’s finding that the officers returned the identification was not supported by competent evidence, and that the defendant’s consent to the search was not voluntary under the totality of the circumstances.The Supreme Court of North Carolina reviewed the case. It held that competent evidence supported the trial court’s finding that the officers returned the defendant’s identification. The court further held that, under the totality of the circumstances, the defendant voluntarily consented to the search of his backpack. The Supreme Court reversed the decision of the Court of Appeals, reinstating the trial court’s denial of the motion to suppress. View "State v. Wright" on Justia Law

James Bowman was indicted for seven criminal offenses, including two counts of first-degree forcible sexual offense, after an incident involving S.B. on September 8, 2019. S.B. testified that Bowman, armed with a firearm, forced her to engage in various sexual acts, including anal intercourse and fellatio, against her will. Bowman was found guilty on all charges by a jury in his second trial.The Superior Court of Durham County sentenced Bowman to 365 to 498 months of active imprisonment. Bowman appealed, arguing that the trial court's jury instructions violated his right to a unanimous verdict. The Court of Appeals, in a split decision, agreed with Bowman, finding that the trial court's instructions were erroneous and jeopardized his right to a unanimous verdict. The court ordered a new trial for the two counts of first-degree forcible sexual offense.The Supreme Court of North Carolina reviewed the case and reversed the Court of Appeals' decision. The Supreme Court held that the trial court's jury instructions, when read as a whole, required a unanimous verdict and did not violate Bowman's right to a unanimous jury verdict. The court emphasized that the instructions clearly defined the elements of the offense and the need for unanimity. The Supreme Court remanded the case to the Court of Appeals to address Bowman's remaining arguments. View "State v. Bowman" on Justia Law

The defendant was charged with first-degree murder and assault with a deadly weapon with intent to kill inflicting serious injury after a shooting at a Raleigh motel. The defendant represented himself at trial and chose to be absent from the courtroom after his closing argument was cut off by the trial court. During jury deliberations, Juror #5 was excused for a medical appointment, and an alternate juror was substituted. The trial court instructed the jury to restart deliberations from the beginning. The jury found the defendant guilty of both charges, and he was sentenced to life in prison without parole for the murder conviction and additional imprisonment for the assault conviction.The defendant filed a petition for writ of certiorari with the North Carolina Court of Appeals, arguing that the substitution of an alternate juror during deliberations violated his state constitutional right to a twelve-person jury. The Court of Appeals unanimously agreed, holding that the substitution resulted in a jury of thirteen people, which violated the state constitution. The court vacated the defendant's convictions and remanded for a new trial.The State sought discretionary review by the Supreme Court of North Carolina, which reviewed the constitutionality of the statute allowing mid-deliberation juror substitution. The Supreme Court held that the statute did not violate the defendant's constitutional right to a jury of twelve, as it required the jury to begin deliberations anew following the substitution. The court presumed that the jury followed the trial court's instructions to restart deliberations, ensuring that the verdict was rendered by a properly constituted jury of twelve. Consequently, the Supreme Court reversed the decision of the Court of Appeals. View "State v. Chambers" on Justia Law

Andre Lester was charged and convicted of multiple sex offenses with a minor. At trial, the State presented Verizon phone records to link Lester to the crimes. Exhibit #2 showed the time, date, and connecting number for every call made to or from the phone allegedly belonging to Lester. Exhibit #3 featured a subset of that data, showing communications between Lester’s phone and the victim’s phone. Lester argued that the admission of these exhibits violated the Confrontation Clause and hearsay rules because he could not cross-examine the source of the data.The Superior Court of Wake County admitted the exhibits under Rule 803(24), the catch-all hearsay exception, despite acknowledging that they did not meet the business records exception under Rule 803(6). The jury convicted Lester on all counts, and he appealed. The Court of Appeals reversed the convictions, holding that the admission of the exhibits violated the Confrontation Clause and hearsay rules, and ordered a new trial.The Supreme Court of North Carolina reviewed the case and found that the Court of Appeals misapplied the Confrontation Clause analysis. The Supreme Court held that machine-generated raw data, if truly machine-generated, are neither hearsay nor testimonial under the Confrontation Clause. The Court emphasized that the primary purpose test should focus on why the data were created, not why they were later retrieved. The Court concluded that if Verizon’s systems recorded the data as part of routine operations, the data were not created for use in a trial. The Supreme Court reversed the decision of the Court of Appeals and remanded the case for consideration of Lester’s remaining issues. View "State v. Lester" on Justia Law

In August 1998, a 17-year-old defendant, a member of the Crips gang, participated in the abduction, robbery, and murder of three women, resulting in the death of two and the attempted murder of the third. The defendant was arrested and indicted on multiple charges, including two counts of first-degree murder. In 2000, a jury found him guilty, and he was sentenced to death. The North Carolina Supreme Court vacated the death sentence due to a jury polling error and remanded for resentencing. Following the U.S. Supreme Court's ruling in Roper v. Simmons, which prohibited the death penalty for juveniles, the defendant was resentenced to life without parole.The trial court later resentenced the defendant under a new statutory scheme following the U.S. Supreme Court's decision in Miller v. Alabama, which prohibited mandatory life without parole for juveniles. The trial court considered mitigating factors and sentenced the defendant to two consecutive life without parole terms, finding him irreparably corrupt. The defendant appealed, arguing that his sentences violated the Eighth Amendment and the North Carolina Constitution.The North Carolina Court of Appeals affirmed the sentences, finding that the trial court properly considered all mitigating factors and that the sentences complied with both federal and state constitutional requirements. The court rejected the defendant's argument that his sentences were unconstitutional per se and found that the evidence supported the trial court's conclusion of irreparable corruption.The North Carolina Supreme Court reviewed the case and affirmed the Court of Appeals' decision. The court held that the state constitution's prohibition on cruel or unusual punishments does not provide broader protections than the Eighth Amendment. The court also found that the trial court's resentencing did not violate the principles established in State v. Kelliher. View "State v. Tirado" on Justia Law

In the early morning of December 2, 2016, Dwayne Garvey and April Holland were shot and killed at a Raleigh hotel. Surveillance footage showed two men, later identified as the defendant and Brandon Hill, entering the hotel and committing the murders. The defendant was arrested the next day, and text messages linked him to the crime. The defendant was indicted on two counts of first-degree murder, and the State sought the death penalty.A Wake County jury found the defendant guilty of both counts of first-degree murder, and he was sentenced to death on March 4, 2019. The defendant appealed, raising several issues, including the admission of Rule 404(b) evidence, jury instructions, and challenges during jury selection.The Supreme Court of North Carolina reviewed the case and addressed each issue raised by the defendant. The court found that the trial court did not err in admitting Rule 404(b) evidence of prior acts against other victims, as it was relevant to show a common scheme or plan. The court also found no error in the jury instructions or the challenges for cause during jury selection. The court concluded that the defendant received a fair trial free from error and affirmed the trial court's judgment and death sentence. View "State v. Gillard" on Justia Law