A UNC School of Government Blog
The Fourth Circuit recently decided a very interesting case with a lot of North Carolina connections. The case is United States v. Foster, and it’s available here. The facts were as follows. A police officer in Henderson, North Carolina was eating lunch at a restaurant with his wife. As he left the restaurant, he saw … Read more
A former School of Government law fellow blogged here about the involuntary medication of death-sentenced prisoners. A recent Fourth Circuit case has moved me to think about the somewhat more common issue of the involuntary medication of incompetent defendants. Sell v. United States, 539 U.S. 166 (2003), held that the state is permitted “involuntarily to … Read more
Because our appellate courts often find the Fourth Circuit’s opinions to be persuasive authority, I read all the Fourth Circuit’s published criminal cases. Yesterday, the court decided United States v. Johnson, a drug case involving two noteworthy issues. The short version of the facts is as follows: Officers wiretapped a suspected drug dealer’s phone. The … Read more
It’s time to round up some news. First, the News and Observer recently commented on President Obama’s failure to nominate any additional North Carolinians for the Fourth Circuit — a court on which Tar Heels are wildly underrepresented — despite several vacancies. Of course, the White House has been moving rather deliberately on judicial nominations … Read more
Several interesting news items have cropped up recently. First, the United States Supreme Court decided District Attorney’s Office v. Osborne, in which a 5-4 majority ruled that there is no constitutional right to post-conviction DNA testing. Having slogged through the whole decision, my sense is that it will have limited impact in North Carolina given … Read more
Nearly 90% of American adults have cell phones. When one of those cell phone users is arrested, may police search their mobile phone incident to arrest? The Fourth Circuit recently answered that question in the affimative. See United States v. Murphy, __ F.3d __, 2009 WL 94268 (4th Cir. Jan. 15, 2009). The defendant in … Read more