08 Monday Nov 2010
Edwardo Wong has been sentenced to life without the possibility of parole for the shooting of State Trooper Shawn Blanton. The jury deadlocked after several days of deliberation.
via BREAKING NEWS: Edwardo Wong Sentenced to Life « DeathWatch North Carolina.
21 Thursday Oct 2010
Posted in Criminal, NC Court of Appeals, NC Law
Tags
5th Amendment, Fifth Amendment to the United States Constitution, Miranda warning, Parent, Police officer
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The Court in a well reasoned opinion, held that a juvenile in the a school setting who is questioned by the principal in the presence of a police officer is in custody for the purposes of the 5th Amendment and therefore, entitled to the appropriate Miranda warnings.
In order to protect the 5th Amendment rights against self incrimination, suspects including juveniles are entitled to Miranda warnings prior to police interrogation.
The N.C. Juvenile code provides additional protections for juveniles who are in custody. Prior to questioning the juvenile must be told that he has the right to remain silent, that any statement can and may be used against him, that he has the right to have a parent present during custody, and that he has a right to have an attorney to consult with and that if he cannot afford an attorney one will be appointed to him.
Additional protections apply to juveniles 14 years of age and under. When the juvenile is less than 14 years of age, no in‑custody admission or confession resulting from interrogation may be admitted into evidence unless the confession or admission was made in the presence of the juvenile’s parent, guardian, custodian, or attorney. If an attorney is not present, the parent, guardian, or custodian as well as the juvenile must be advised of the juvenile’s rights as set out above; however, a parent, guardian, or custodian may not waive any right on behalf of the juvenile.
The Court In re K.D.L, held that custodial interrogation is “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” An objective totality of the circumstances test is used to determine whether the suspect has been taken into custody.
The Court reasoned that a juvenile who is questioned throughout the day by the principal for criminal conduct was treated in such a way that a reasonable person in his situation would believe he was functionally under arrest. The Court went on to hold that while the officer did not question the juvenile a reasonable person would believe that the officer was there in concert with the principal and that a failure to answer questions by the principal would lead to criminal charges.
See the entire opinion at
http://www.aoc.state.nc.us/www/public/coa/opinions/2010/pdf/091653-1.pdf
17 Thursday Jun 2010
Tags
animal abuse, Bev Perdue, Criminal, Cruelty to animals, Greensboro North Carolina, N.C. Law, Susie's Law
N.C. Gov. Bev Perdue must decide whether to sign new legislation into law after the N.C. Senate voted 47-0 to give final approval for new laws imposing stiffer penalties for those so violent that they would torture, starve, or kill an animal.
The punishment could be up to eight months behind bars, but a judge could agree to community service instead.
The bill was introduced after a Greensboro man received probation after burning, beating and leaving his 8-week-old puppy to die.
The female pit-bull mix was later adopted and named Susie.
via Senate OKs stronger law for animal abuse.
Update: On June 23, 2010, Governor Be Perdue signed Susie’s Law, making tougher penalties for those who abuse animals.
04 Friday Jun 2010
Tags
According to http://www.stopcyberbullying.org/index2.html, “Cyberbullying” is when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones. It has to have a minor on both sides, or at least have been instigated by a minor against another minor. Once adults become involved, it is plain and simple cyber-harassment or cyberstalking. Adult cyber-harassment or cyberstalking is NEVER called cyberbullying.”
However, the new N.C. law applies to both adults and minors bullying a minor or in some cases the minor’s parent or guardian. The new law makes it unlawful among other things to build a fake website or profile, to post or encourage others to post private information about the minor, to break into an online account, and to post statements intended to harass a minor. The crime of cyber-bullying is a Class 1 misdemeanor is the person is an adult and a Class 2 misdemeanor is the person is under the age of 18 at the time of the crime. Any misdemeanor in N.C. can carry a prison sentence of up to two years and may include fines.
04 Friday Jun 2010
Tags
We have all seen that person in the lane next to us texting on the phone, eating a burger, and slurping down the soda all while driving with his knees. Maybe we have even been that person ourselves. Not anymore. In N.C. effective December 1, 2009, texting while driving became illegal and is an infraction punishable by a $100 fine and court costs. No license or insurance points can be assessed for a violation. The definition of texting in the law, includes using a mobile phone to read or send electronic mail or text messages. The law does not apply if you are parked or stopped or if you are using a voice operated technology.
North Carolina Litigation Blog 