News Roundup

Published for NC Criminal Law on August 22, 2014.

The week saw a bit of musical chairs at the state supreme court. Chief Justice Parker stepped down as a result of mandatory retirement and then-Senior Associate Justice Martin was named Chief Justice. Then-court of appeals judge Bob Hunter was named Associate Justice, replacing now-Chief Justice Martin. That should settle everything . . . until November, at which point we’ll have elections for several seats and may see additional changes. In other news: Would Michael Brown’s robbery be admissible in a homicide case against the officer who shot him? Michael Brown is the young man who was shot and killed in Ferguson, Missouri. It appears that he had recently robbed a convenience store, but that the officer who shot him may not have known that. If the officer is charged with homicide, would evidence about the robbery be admissible? Ken White at Popehat is skeptical in this post, but former federal judge and current law professor Paul Cassell argues here that evidence of the robbery likely would be admitted. To me, Cassell seems to have the better of the argument, but obviously opinions may differ. Lawyers question Rick Perry indictment. Texas Governor Rick Perry was indicted for cutting funding to a prosecutor’s office after the prosecutor (a) investigated a program that Perry favored, (b) got arrested for drunk driving and then acted like a jerk, and (c) refused Perry’s request to resign. I’m withholding judgment until more details emerge, but my tentative view is that the indictment is an overreach. The [...]