News Roundup

Published for NC Criminal Law on April 26, 2013.

Potentially capital federal charges have been filed against Dzhokhar Tsarnaev in connection with the Boston marathon bombings. The filing of charges led to an initial appearance – in the hospital – before a federal magistrate judge, who advised Tsarnaev of his Miranda rights in the course of the proceeding. (Investigators had not previously read him his rights, apparently on the controversial theory that the public safety exception applied.) The advisement, in turn, apparently resulted in Tsarnaev refusing to speak further with officers. The Wall Street Journal has the story here. In other news: 1. Governor McCrory signed several bills this week that are related to criminal law, making human trafficking a reportable sex offense and increasing the punishment for felony child abuse. The News and Observer summarizes the action here. 2. A couple days ago, the United States Supreme Court decided Moncrieffe v. Holder, a crimmigration case ruling that “[i]f a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony” requiring deportation and barring discretionary relief therefrom. In other words, a green card holder who shares a little marijuana with his buddies may not be completely out of luck. 3. Another week, another video sweepstakes acquittal. This one took place in Macon County. The News and Observer reports here that “the game [in question], and the kiosk it’s in, markets and sells . . . gift certificates . . . [...]