A UNC School of Government Blog
Shea Denning Courts across the country continue to wrestle with whether and how the Supreme Court’s opinion in Missouri v. McNeely, 569 U.S. ___, 133 S. Ct. 1552 (2013), affects the lawfulness of testing carried out pursuant to a state’s implied consent laws. McNeely held, in the context of a blood draw performed over a defendant’s objection, … Read more
Not showing up for court is, generally speaking, bad trial strategy. In criminal court, such behavior can result in such unpleasantness as entry of an order for arrest and the revocation of one’s driver’s license. In civil court, a defendant’s failure to respond can result in a default judgment for the entire sum claimed by … Read more
The North Carolina Court of Appeals in State v. Mulder, 233 N.C. App. 82 (2014), held that punishing a defendant for felony speeding to elude based upon the aggravating factors of speeding and reckless driving while also punishing him separately for those same misdemeanor traffic offenses violated double jeopardy. Facts. The facts in Mulder are disturbing. … Read more
This is not a sports story – despite what the title may suggest. Besides, I am so over March Madness. There was a little too much madness and not enough March for this double Tarheel. State v. Geisslercrain is among of yesterday’s batch of court of appeals opinions. (The court issued twenty-four published opinions yesterday—leading … Read more
We’re holding a seminar on professionalism and ethics for judges at the School of Government next week so I’ve got judicial canons on my mind. Below are five ethical rules many legal professionals may not know about, but probably should. 1. Judges can’t sell Girl Scout cookies. Canon 5(B)(2) of the North Carolina Judicial Code … Read more
I’ve been married to a man for sixteen years. That makes me an expert in men’s dress. If the occasion is formal—an important meeting at work, a cocktail party, a wedding, or a funeral—he wears a suit and tie. If the dress is business casual, he wears slacks and a dress shirt. If we’re going … Read more
The decades-old state supreme court decision in State v. Knoll, 322 N.C. 535 (1988), dismissing charges against three impaired driving defendants, is confusing. For starters, the Knoll court’s decision hinged in part on its determination that the defendants were unlawfully detained. Yet the court never even mentioned G.S. 15A-534.2—the statute authorizing the detention of impaired … Read more
Is it a crime to attempt to drive while impaired? Consider these facts. Suppose a law enforcement officer sees a person stumble to a car outside of a bar, unlock the car, and sit down in the driver’s seat. While the person fumbles with his keys in an attempt to put the correct one in … Read more
You don’t have to attend basic law enforcement training to identify a potential impaired driver. Plenty of folks without police training could roll off a list of tell-tale signs, including excessive weaving, driving without headlights, and driving with the windows down in cold weather, particular when those signs are observed in the evening hours in … Read more
The television news magazine 20/20 aired video footage last fall of North Carolina law enforcement officers speeding on Interstate 40 near Raleigh. Reporters followed the police vehicles to determine whether they were chasing a suspect, rushing to a crime scene, or otherwise involved in an emergency. None were. One officer drove directly to a doughnut … Read more