A UNC School of Government Blog
Jamie Markham 
In Part I of this post, I set out the rule from Bounds v. Smith that “the fundamental constitutional right of access to the courts requires prison authorities . . . to provid[e] prisoners with adequate law libraries or adequate assistance from persons trained in the law.” 430 U.S. 817, 828 (1977). I then surveyed … Read more
In 1977, in a case arising out of North Carolina, the Supreme Court of the United States held that “the fundamental constitutional right of access to the courts requires prison authorities . . . to provid[e] prisoners with adequate law libraries or adequate assistance from persons trained in the law.” Bounds v. Smith, 430 U.S. … Read more
Under G.S. 15A-1335, “[w]hen a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the same offense, or for a different offense based on the same conduct, which is more severe than the prior sentence less the portion … Read more
I wrote about satellite-based monitoring (SBM) of sex offenders ten times in 2009. The court of appeals’ recent decision in State v. Phillips gives me my first occasion to write about it in 2010. In Phillips, the defendant pled guilty to taking indecent liberties with a child under G.S. 14-202.1 and felonious child abuse by … Read more
Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction? Of course a defendant should not be ordered to pay restitution for a charge on which he or she was acquitted. State v. Bass, 53 N.C. App. 40 (1981) (restitution order for alleged food stamp overpayments was … Read more
Article 1, section 10 of the Constitution—the Compacts Clause—authorizes two or more states to enter into agreements or compacts with one another, provided they have the consent of Congress. Dozens of “interstate compacts” have arisen over the years. Many of you have probably used the services of some of the more prominent ones, like the … Read more
A longstanding lament of the corrections community in North Carolina has been the lack of a residential substance abuse treatment center for female probationers and parolees. In other words, there is no DART-Cherry for women. (DART stands for Drug Alcohol Recovery Treatment.) DART-Cherry, for those who may not know, is a 300-bed facility in Goldsboro … Read more
Last month the court of appeals decided State v. Mauer, an animal cruelty case. The defendant, Barbara Mauer, was charged with misdemeanor cruelty to animals after Cumberland County animal control officers found at least 15 to 20 cats living in deplorable conditions in her house. The floor of the house was covered with cat urine … Read more
It was a busy week at the U.S. Supreme Court. Among other things, the Justices issued the two Miranda opinions Jeff wrote about yesterday and heard oral argument in two cases considering whether federal sex offender laws violate the Ex Post Facto Clause (Carr v. United States and United States v. Marcus). A summary disposition … Read more
Jeff wrote earlier this week about roadside strip searches. Today’s post is about strip searches of arrestees as they are booked into the jail. The longstanding rule regarding searches of arrestees as they are processed into the jail is that they may not be strip searched without reasonable suspicion that they are concealing a weapon … Read more