Conviction of a host of criminal offenses (many, but not all involving vehicles) may lead to the revocation of a person’s driver’s license by the North Carolina Division of Motor Vehicles (NCDMV). See, e.g., G.S. 20-13.2, 20-16, 20-17, 20-17.3. For certain types of revocations when statutory criteria are satisfied, a state court judge may issue a limited driving privilege that authorizes a person to drive during certain hours for limited purposes, notwithstanding the revocation of the person’s driver’s license. See, e.g., G.S. 20-179.3. Questions occasionally arise about whether the issuance of such a privilege authorizes driving in another state.
Shea Denning
Disturbing Behavior, Harassment and Threats to Public Employees
Editor’s Note: This post has been updated in response to helpful feedback from a reader.
A few weeks ago, my colleague Jill Moore asked me to participate in a recorded interview addressing whether certain disturbing or threatening behavior from citizens directed at public officials and employees could support criminal prosecution. Jill is an expert in public health law so the questions she posed related primarily to concerns raised by officials and employees who work in that field. More recently, another colleague advised that social services employees had similar questions. I thought it might be helpful to share here my thoughts on the questions they posed.
Criminal Investigations and Public Records
The Court of Appeals held earlier this month in In re Public Records Request to DHHS, 2022-COA-284, ___ N.C. App. ___ (May 3, 2022), that the State had no authority to initiate an action in superior court seeking to prevent the disclosure of documents related to its investigation of the death of John Neville, who died while imprisoned in the Forsyth County Law Enforcement Detention Center. This post will review that decision as well as the rules that govern the disclosure of records related to a criminal investigation.
Case Summaries: NC Supreme Court (May 6, 2022)
This post summarizes published criminal law decisions from the North Carolina Supreme Court released on May 6, 2022. These summaries will be added to the School’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Case Summaries – Court of Appeals of North Carolina (May 3, 2022)
This post summarizes published criminal law decisions from the Court of Appeals of North Carolina released on May 3, 2022. These summaries will be added to the School’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Color Commentary on Recent Cases
It is the time of the year when the School of Government criminal law faculty begin to gear up for case updates. To prepare — and to pitch in on our particular areas of expertise — several of us made short(ish) videos delving into the details of significant appellate decisions from the last six months, … Read more
GiveUNC: A Note from Dana Simpson, Chair of the UNC School of Government Foundation Board
Today is GiveUNC, the University’s annual day of giving. As Dean Mike Smith is set to step down as Dean at the end of this year, today we are celebrating his 30 years of leadership at the School. The message below invites you to honor his service and legacy with a gift supporting the Mike … Read more
Greenville’s Red Light Camera Program Ruled Unconstitutional
Author’s Note: The opinion discussed below was reversed in relevant part by Fearrington v. City of Greenville, ___ N.C. ___, 900 S.E.2d 851 (2024).
Two men cited in separate instances for failing to stop at red light camera locations in Greenville, NC filed declaratory judgment actions arguing that the city’s red light camera enforcement program violated the state constitution. Among other claims, the men argued that the program violated the Fines and Forfeitures Clause contained in Article IX, Section 7 of the North Carolina Constitution because the local school board received less than the clear proceeds of the civil penalties the city collected for violations. The Court of Appeals in Fearrington v. City of Greenville, 2022 NCCOA 158, __ N.C. App. __ (2022), agreed, holding that the funding framework violated the state constitution.
Case Summaries: N.C. Court of Appeals (Feb. 15, 2022)
This post summarizes criminal decisions from the North Carolina Court of Appeals published on February 15, 2022. As always, these summaries will be added to the School’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Hats Off to Newly Certified Magistrates
Begin reading this post by standing up. Remain standing if you have worked in a position that has required you to interact directly and regularly with members of the public during the pandemic. Otherwise, sit down. Remain standing if this job has required you and your colleagues to (1) apply changing guidance from the state … Read more