Limits on the Use of Statements of Charges in Superior Court

This week, the court of appeals decided a case that is a good reminder about the limits of the State’s authority to address problems in charging documents by filing a misdemeanor statement of charges. In State v. Wall, Richmond County officers sought to arrest William Wall, Sr. based on a Florida warrant and to serve an emergency child custody order for William Wall, Jr. They went to the Walls’ neighborhood, spotted the elder Wall, and arrested him. The officers then proceeded to the Walls’ house, where several family members resided. The family members allegedly refused to identify William Wall, Jr. among the children present and made several false statements about the identity and whereabouts of William Wall, Jr. The officers were eventually able to identify the child based on a photograph sent by Florida authorities. They took custody of the child and arrested the adults in the home, charging them with resisting, obstructing, and delaying officers in violation of G.S. 14-223. The defendant in Wall was one of the adults present. She was charged in a magistrate’s order that alleged that she “refuse[d] to let [Richmond County] deputies serve a child custody order.” She was convicted in district court and appealed for trial de novo. The State filed a misdemeanor statement of charges in superior court, changing the allegation to “lying to [Richmond County] deputies about the whereabouts of” William Wall, Jr. The opinion doesn’t indicate why the State made the change, but it seems that the officers never actually produced [...]