Shea Denning, Author at North Carolina Criminal Law

Who Can Be a Supreme Court Justice?

February 24, 2016 Shea Denning

My daughter came home from elementary school last week with notecards seeking support for her nomination to serve as a justice on the U.S. Supreme Court. I think that is it pure coincidence that her politicking coincided with the nationwide interest in potential nominees for the position following the death of Justice Antonin Scalia. But because I, like everyone else, had been thinking about how the vacancy on the court would be filled and by whom, her work got me thinking: Who exactly can be a Supreme Court Justice?

Advising a Defendant Who Does Not Speak English of His Implied Consent Rights

February 19, 2016February 18, 2016 Shea Denning

I almost missed this one. While I regularly monitor the published opinions of our state’s appellate courts, I generally skip the unpublished decisions. So I initially overlooked the court of appeals’ opinion in State v. Martinez, ___ S.E.2d ___ (N.C. App. Jan. 5, 2016) (first released as unpublished, but later published), which addresses a recurring question in DWI cases: Must a defendant who does not speak English be advised of statutory implied consent rights in a language that he or she understands?

Selfies, Distracted Driving, and the Virginia Plan

February 10, 2016 Shea Denning

Everyone knows that it is unlawful to text while driving in North Carolina. But what’s the legal status of all of the other distracting things people do with their phones? Is it unlawful to take a selfie while driving? To post the selfie to Instagram? To look at a friend’s driving selfie on Instagram? To read another friend’s Facebook status update? To search the web for the latest weather forecast?

Put Down that Mobile Phone

April 5, 2016February 3, 2016 Shea Denning

There is a ban on hand-held mobile phone use by drivers in North Carolina. And there’s a good chance you’ve never heard of it.

So You Want to Be a District Court Judge?

September 15, 2016January 28, 2016 Shea Denning

A few election seasons ago, a campaign sign advocating “Denning for Judge” was posted in our neighborhood. My son noticed it on the way home from school and said, “Mom: Is Dad running for judge?” “No, he isn’t,” I said. Then, in a moment of pique, I said, “Actually, your dad isn’t qualified to be a judge. But I am.” Since I’ve obviously done such a great job teaching civics (and equal rights) to my children, I thought I’d share a bit with you about the selection, qualifications, and work of a North Carolina district court judge—a group of judicial officials with whom I frequently work.

Most Wanted: Automatic Emergency Brakes

January 20, 2016 Shea Denning

There are several reasons why I like Volkswagen’s new “Dad, Stop!” commercial showcasing the emergency braking system in the 2016 Passat. First, I drive a teenager to school. He jumps out of the car as quickly as possible when we arrive. Apparently there is nothing to be gained socially by being seen with your mother. So I can identify. Second, I was rear-ended a few weeks ago. The back of my car was damaged, and the car that hit mine had to be towed from the scene. All of its airbags deployed on impact. I’m just glad no one was hurt. Automatic emergency braking (if it works the way it appears to in the commercial) would have prevented that accident.Third, my mother looked over at me in a similar way to the dad in the commercial as we were leaving my wedding rehearsal many years ago. When she looked back ahead, she saw brake lights. She swerved off the road to avoid hitting the car in front of us and ran over a fire hydrant. What a mess. Automatic emergency braking might have gotten us all to the rehearsal dinner on time.

The National Transportation Safety Board also thinks automatic emergency braking, which it calls “collision avoidance technology” is a laudable concept. In fact, promoting the availability of this technology made the NTSB’s 2016 Most Wanted List. NTSB has issued such a list for more than 25 years. The chairman described the list in a recent press conference as a “roadmap from lessons learned to lives saved.”

What’s the Story behind the Gory TV Ads?

January 13, 2016 Shea Denning

If you’ve watched an ACC basketball game lately, you’ve seen these ads. The first features a mother placing a pair of diamond earrings on her daughter’s ears, telling her that her grandmother always wanted her to have them. Several seconds go by before the viewer sees that the mother is dressing her daughter’s body, which lies in a casket. The second commercial begins with a dad talking to his son (who is off camera) about the chilly weather and how he will need to bundle him up when they go for a walk. The father continues to talk while he mashes bananas for his son’s breakfast. When the camera pans to the son, the viewer learns that he is not a baby, but instead is a young man confined to a wheelchair. The son is immobile, unable to speak, and has prominent scar on his skull. Both advertisements conclude with the same general message: Talk to your children about the dangers of alcohol and stop underage drinking. The ads are professional, poignant, and pervasive. Where did they come from?

Figuring out how to Best Share the Road

January 6, 2016January 6, 2016 Shea Denning

Cycling is big on the street where I live. A bike shop recently opened nearby and cyclists frequently head out for Sunday afternoon group rides. Sometimes there’s a theme. A few months ago, the cyclists were all wearing tweed and tartan and many of the bikes were adorned with flowers. I find it both entertaining and uplifting to watch these folks ride.

I’m a bit less sanguine about the cyclists I encounter crossing Jordan Lake on Farrington Road at 5:30 p.m. on a weekday. That’s a busy, narrow road with no bike lane. During that time of day, when everyone is heading home from work, there often is little opportunity to pass a cyclist who isn’t traveling the speed limit.

And I’m downright hostile to cyclists who use the right hand edge of a single lane to pass a queue of motor vehicles stopped a stop light to claim a position in front.

My admittedly schizophrenic reaction to sharing the road with cyclists illustrates some of the difficulties faced by the working group charged with assisting the North Carolina Department of Transportation (NCDOT) in formulating statutory changes to better ensure the safety of bicyclists and motorists on the state’s roadways. Perhaps, then, it was predictable that NCDOT’s recommendations would be a mixed bag, generating both cheers and jeers from the cycling community.

Missoula: The Book Every College Freshman (and You) Need to Read

December 16, 2015 Shea Denning

I just finished reading Jon Krakauer’s Missoula: Rape and the Justice System in a College Town. Not a day has passed since I closed the cover that I haven’t contemplated its harrowing account of the sexual assault scandal that enveloped the town of Missoula, its university (the University of Montana) and its revered football team, the Griz, from 2010 through 2012. The book is a powerful work of investigative journalism that challenged some of my beliefs about the incidence of sexual assault on campus.

News Roundup

December 14, 2015December 11, 2015 Shea Denning

My colleagues and I have been busy orienting new district court judges this week, so I haven’t paid much attention to events taking place outside the confines of the Knapp-Sanders building. But that hasn’t stopped the criminal news from coming. Here are the highlights: