McCullough merits another term
Not many decisions by the N.C. Court of Appeals make the news, but an opinion written by Judge Doug McCullough deservedly attracted attention when it was released last month. It overturned a Durham man’s convictions on serious charges because he was denied a speedy trial.
The defendant wasn’t a wealthy Duke student but a crack-cocaine user with a criminal record who, in this case, appeared to be the victim of sloppy work by Durham police and the District Attorney’s Office. The court’s ruling not only found a prejudicial violation of his rights but took “judicial note” of facts pointing to another man as the more likely culprit.
McCullough, 63, isn’t apt to be mistaken for a liberal, activist judge. He was a federal prosecutor for 15 years and has steered a generally conservative course since his election to the court in 2000. But he’s also a guardian of individual rights, as in another ruling this summer that said possession of a firearm by a felon is one charge, not two, even when the felon is found with two weapons. The state’s possession law, he said, is not clear, and “ambiguity in the statute should be resolved in favor of lenity.”
McCullough’s one legal blemish was a DWI charge in 2006. He pleaded guilty, lost his driver’s license and expresses regret for a serious mistake.
McCullough is opposed by Cheri Beasley, 42, a District Court judge in Cumberland County. She presides frequently in family court and sees a need for more domestic law expertise in the appellate courts.
Beasley appears to be a good judge who will have other chances to rise in the court system as she gains experience. McCullough is a valuable member of the court now and should be re-elected for another term.
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