Our hearts are with our clients and others who have been affected by Hurricane Helene. Expertise among faculty and staff of the School of Government may be valuable to local governments in the aftermath. That expertise list can be accessed here. Additionally, the School has an Emergency Management website available, which lists various state and federal resources for local governments impacted by Hurricane Helene. More on the Chief Justice’s Emergency Order can be found in this blog, posted earlier this week.
Keep reading for your weekly dose of criminal law news.
Arkansas couple accused of trying to sell their baby for beer and money. A couple in Arkansas was arrested after they allegedly attempted to sell their 2-month-old baby for a six-pack of beer and a $1,000 cashier’s check. The 21-year-old father and the 20-year-old mother were arrested after the manager of a campground contacted the local sheriff’s department to report an incident involving the couple. The couple had written and signed letter granting custody of their baby to Cody Martin in exchange for money. They face felony charges of endangering the welfare of a minor and attempting to negotiate the relinquishment of a minor for adoption. The father was released on a $5,000 bond last week, while the mother remains in custody on a $30,000 bail. The child is now in the care of the Arkansas Department of Human Services.
Eight U.S. states to vote on amendments to ban noncitizen voters. The measures, on the November 5th ballot, seek to amend state constitutions. The proposals will be on the ballot in North Carolina, Wisconsin, Idaho, Iowa, Kentucky, Missouri, Oklahoma and South Carolina. According to this US News article, support from a majority of voters would amend state constitutions to say explicitly that only citizens can vote, a change critics say will have little practical effect, given that it is already illegal for noncitizens to vote in those states.
Massachusetts couple charged with casting ballots in New Hampshire. In other voting-related news, a Massachusetts couple have been indicted on suspicion of casting ballots in New Hampshire. They each face three felony counts of wrongful voting. According to the indictments, they voted multiple times in Concord, NH despite having been domiciled about 90 miles away in Ashland, MA at the time of each of the elections. Specifically, they are alleged to have voted in the Nov, 3, 2020, general election; the Nov. 8, 2022, general election; and the Nov, 8, 2022, Concord School District election.
California man charged in courthouse explosion and three arson fires. Last week, 20-year-old Nathaniel McGuire was about to be arraigned on an illegal gun possession charge in the Santa Maria Courthouse when an explosion damaged the building and injured five people. Authorities said McGuire threw a bag into the courthouse lobby that exploded, and he left the building on foot. He was arrested as he was trying to get into his car. Authorities later found ammunition, a rifle, a suspected bomb, fireworks and 10 Molotov cocktails inside the car and other materials used in making explosives during a search of McGuire’s home. He was charged by federal officials with maliciously damaging a building with an explosive.
This week, he was charged with additional offenses. Santa Barbara County prosecutors are charging him with 10 counts, including two counts of attempted murder, use of an explosive device with the intent to murder, and carrying a loaded firearm. He is also being charged with arson of forest land in connection with three fires that occurred on the outskirts of Santa Maria, which were allegedly set in preparation for the courthouse attack. McGuire is being held without bail in federal custody. After his federal case, he will be transported back to Santa Barbara County to face the additional charges.
Wisconsin prisons agree to help hearing-impaired inmates after settlement. The Wisconsin Department of Corrections has agreed to provide more help to hearing-impaired inmates as part of a settlement with federal investigators. AP News reports that the U.S. Department of Justice had been probing complaints from inmates at several correctional facilities in Wisconsin. The settlement calls for Corrections to provide hearing-impaired inmates with appropriate aids and services, including sign language interpreters, video telephones, and hearing aids when necessary. The agency must make reasonable modifications to its policies to accommodate hearing-impaired inmates, such as handcuffing them in front of their bodies so they can sign and allowing additional time for phone calls using an interpreter. Corrections personnel also must set up a process for identifying hearing-impaired inmates when they enter a facility, provide training on the Americans with Disabilities Act to staff, and pay three aggrieved inmates $15,000.
New NC laws on victim confidentiality took effect on October 1, 2024, providing a mechanism for victims in certain criminal cases to file a motion for victim confidentiality. Session Law 2024-26 (HB 971) expands G.S. 14-43.17, allowing a victim or alleged victim in a criminal case—or their parent, guardian, or counsel if they are under age 18—to file a motion for victim confidentiality in criminal cases under Article 10A of the General Statutes. Applicable cases are limited those involving human trafficking (G.S. 14-43.11); involuntary servitude (G.S. 14-43.12); sexual servitude (G.S. 14-43.13); and unlawful sale, surrender, or purchase of a minor (G.S. 14-43.14). The new statute does not authorize motions for victim confidentiality for victims or alleged victims of other criminal offenses. The new statutory text details the proper procedure on filing the motion, setting the hearing and providing notice, conducting the hearing, and the effect of the granted motion for victim confidentiality.
Come work with us! The UNC School of Government has a job opening for a faculty member to work in decedents’ estates and trusts, working closely with clerks of court. More information can be found in the job posting. The position is open until filled, so if you are interested, please apply! If you need a little extra nudge, check out this short video that features some of my colleagues talking about what it is like to work here.
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