The Docket: Roy Cooper’s Last Stand on the Death Penalty

Gov. Roy Cooper oversaw 27 executions as attorney general. But over the last eight years in the governor’s mansion, he’s has been tight-lipped about the issue.

He’s has had little reason to say much, with the death penalty caught up in litigation and under a functional moratorium since 2006.

The North Carolina Coalition for Alternatives to the Death Penalty and other advocates have spent the last two years campaigning for Cooper to issue a mass commutation of sentences for all 136 death-row inmates, the fifth-largest in the country.

As Michael Hewlett reports, it would be a bold move, but not unprecedented—Oregon Gov. Kate Brown commuted the death sentences of 17 people before she left office in 2022. 

Roy Cooper’s Last Stand on the Death Penalty

As attorney general, Cooper oversaw 27 executions. But he’s been quiet about the death penalty in his two terms as governor.

Twenty-seven states still have the death penalty on the books; Democratic governors run six of them. But Cooper stands out as the only one of that group who has not said or done anything publicly on the issue.  

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COVID in the Court

Several well-known restaurateurs tussling with a national insurance company over coverage of COVID-related business losses got good news last week from the state Supreme Court.

The justices ruled unanimously in favor of Giorgios Bakatsias, Matt Kelly and Jay Mehdia in their lawsuit against the Cincinnati Insurance Company.

The trio, who own and operate 16 restaurants through different companies, went to court after the insurance company contended they were not obligated to pay for the COVID-related losses because the policies cover “direct physical loss or damage” to the premises or property.

The proprietors bought “all-risk” insurance policies before the pandemic thinking they would be covered for losses for common bugs like norovirus. Then COVID came along, and with it statewide shutdowns that led to financial losses, furloughs, layoffs, and closures.

Associate Justice Anita Earls wrote the unanimous opinion, using an otherworldly hypothetical to clarify the risk/loss distinction.

“If an alien spaceship crashes into a small restaurant, that is a covered risk (aliens are not an excluded cause of loss) and a covered loss (the commercial building is damaged),” Earls wrote. “If an alien spaceship dumps glitter all over the restaurant, that is a covered risk (aliens are not excluded), but the insurance company likely could successfully contend that is not a covered loss (the owner can vacuum up the glitter, and the building is fine). A policyholder is entitled to coverage if they experience both a covered ‘risk’ and a qualifying ‘loss.’ “

The ruling overturns a Court of Appeals decision siding with the insurance company. “It is the insurance company’s responsibility to define essential policy terms and the North Carolina courts’ responsibility to enforce those terms consistent with the parties’ reasonable expectations,” Earls wrote. 

In a related case filed by Charlotte clothing company Cato against Zurich American insurance company, the Supreme Court came to the opposite conclusion, because their policy excluded viral contamination. 

In another COVID-related case, the justices divided 3-3 in the case Dieckhaus v. Bd.of Governors of the Univ. of N.C., which dealt with whether the UNC system breached a contract with students for not refunding student fees, parking passes, and other costs they paid for services they could not use during the pandemic. (Justice Tamara Barringer was recused.) 

The split ruling means the Court of Appeals decision to dismiss the students lawsuit stands.

—Anne Blythe

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You Wynn Some, You Lose Some

James Wynn, a judge for the U.S. Court of Appeals for the Fourth Circuit, informed President Joe Biden last week that he has decided not to retire from the bench after all. 

The 70-year-old Obama appointee’s decision followed strong opposition from U.S. Senator Thom Tillis about who the Biden administration recommended to fill Wynn’s seat.

Tillis, a Republican who has occasionally broken with his party on judicial nominations, was part of a deal negotiated in November to allow Senate consideration of most Biden judicial appointees before Democrats lose control of the chamber. But that agreement also blocked advancement of the nomination of N.C. Solicitor General Ryan Park–which would have opened the  possibility of incoming President Donald Trump nominating a replacement.

Tillis acknowledged on social media that Wynn could alter his plans and tried to head off such a possibility. “I expect that the judges who submitted their retirements will not play partisan politics with a presidential transition and a bipartisan Senate deal by going back on their word to retire,” Tillis wrote.

Wynn kept his letter to Biden brief, concluding:  “I apologize for any inconvenience I might have caused,”

 On Saturday, Tillis called Wynn’s decision “brazenly partisan” and contended it “demonstrates some judges are nothing more than politicians in robes.”

“The Senate Judiciary Committee should hold a hearing on his blatant attempt to turn the judicial retirement system into a partisan game,” he continued, “and he deserves the ethics complaints and recusal demands from the Department of Justice heading his way.”

—Anne Blythe

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Around The State

The Return of Minisoldr

Mark Robinson’s use of the handle “minisoldr” on online platforms drew a lot of attention during this year’s election. He’s still using it.

The Glory Days of Coach K (and College Basketball) 

A new book offers the ultimate insider’s view of Duke’s success, but is just as noteworthy for what it leaves out.

Still Searching

Nearly three months after Hurricane Helene, Yancey County musician Lenny Widawski remains one of the few whose bodies have not been found.