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.
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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. Continue reading →
Category: Crimes and Elements | Tags: 50C, bishop, first amendment, government employees, harassment, health directors, shackelford, threats
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. Continue reading →
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.
Category: Case Summaries | Tags: state v. cobb, state v. delau, state v. farook, State v. Robinson, State v. Woods
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. Continue reading →
Category: Case Summaries | Tags: state v. amator, state v. ballard, state v. conner, state v. darr, state v. graham, state v. kitchen, state v. strickland
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, including State v. McLymore, 380 N.C. 185 (2022), State v. Strudwick, 379 N.C. 94 (2021), and State v. Taylor, 379 N.C. 589 (2021). The videos are available here if you’d like to check them out.
Category: Case Summaries | Tags: case updates, state v. mclymore, state v. strudwick, state v. taylor, videos
The North Carolina Judicial College has created a video for jurors explaining the effects of bias on decision-making and suggesting how jurors may minimize the role of bias in their consideration of evidence presented at trial. The video was inspired by a juror orientation video on this topic produced by the United States District Court for the Western District of Washington, which has been shown to jurors as part of juror orientation in several criminal superior court cases in North Carolina.
The Judicial College video is shorter than the Washington video and features voices from some North Carolinians you may recognize. A party who wishes to have the video displayed during juror orientation may file a motion with the court requesting that be done. Senior resident superior court judges might also adopt an administrative order directing that the video be shown. Both approaches have previously been used by North Carolina judges to order the display of the Washington video.
If you have feedback about the video or questions about how to access its content, please feel free to email me directly at denning@sog.unc.edu.
One of the first examples in the video of bias is that a basketball fan might not be the right juror for a case involve the coach of his or her favorite basketball team or one of the players on the team. That example resonates particularly well for me today, the day of the NCAA Men’s Basketball Championship.
So I’ll sign off by acknowledging my basketball bias: Go Heels!
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 R. Smith Dean’s Greatest Needs Fund which will provide unrestricted funds that will allow the School to support and address current needs and issues facing North Carolina. The importance of today is less about the amount raised and more about the number of donors – a testament to the value of the School and what we do.
When Dean Mike Smith asked me to join the UNC School of Government Foundation Board in 2014, I was honored to have the opportunity to work in support of an institution that has done so much for my home state of North Carolina. I also feel fortunate, however, to have had the opportunity to do this work alongside Mike.
The School is an incredibly unique institution. Its value to our communities, our state, and the University of North Carolina is immutable. Mike has always understood this and has been a tireless champion of the School and its faculty and staff during his 30-year career as dean. He passionately believes in the values of the School that so many of us have benefitted from—its responsiveness to the needs of our communities, its firm commitment to non-partisanship, and its staunch support of public service.
As Mike prepares to step down from his position as dean at the end of 2022, I know many of us want to honor his contributions to the School and to the state. Today on GiveUNC, I invite you to join me in honoring Mike’s leadership and service with a gift to the Mike R. Smith Dean’s Greatest Needs Fund. This fund has been created to give future deans of the School of Government the flexibility to direct resources to innovative and timely projects.
In honor of Mike’s service, I am joining with other School of Government Foundation Board members to issue a special GiveUNC challenge: 30 gifts to the Mike R. Smith Dean’s Greatest Need Fund today will unlock a $25,000 gift to the School from members of the Board.
I hope you will join me today by supporting the School of Government. No matter where you direct your gift, you are making a difference for local leaders across the state of North Carolina—and honoring our friend Mike Smith, a champion of the School.
Sincerely,
Dana Simpson, ’96 BA, ’00 JD
President, School of Government Foundation Board
Partner, Smith Anderson
Category: Uncategorized | Tags: GiveUNC
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.
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. Continue reading →
