A UNC School of Government Blog
Jessica Smith After I eliminated this offense from the 7th edition of North Carolina Crimes, a few people asked me to add it back in. A statistics report from the N.C. Administrative Office of the Courts shows that in 2011 this crime was charged in 340 cases. That’s not a huge number, but it probably justifies including … Read more
The recent case, State v. Ryan, presents an issue that keeps our appellate courts busy: the proper scope of expert testimony in child sexual abuse cases. In Ryan, after the child victim reported that the defendant had sexually abused her some two years earlier, she was seen by Dr. Gutman, a pediatrician specializing in child … Read more
In a paper here I analyze Williams v. Illinois, the U.S. Supreme Court’s latest confrontation decision on substitute analyst testimony. Because Williams was a fractured opinion in which no rationale garnered five votes, it didn’t answer a lot of questions. Three companion cases recently decided by the California Supreme Court show how one court is … Read more
G.S. 90-95(a)(1) makes it a crime to knowingly sell or deliver a controlled substance to another person. As a general rule, the delivery of marijuana—a Schedule VI controlled substance—is a Class I felony. G.S. 90-95(b)(2). However, the statute provides that it is not a delivery to transfer for no remuneration less than 5 grams of … Read more
Every year the Federal Trade Commission releases a list of top consumer complaints received by the agency. In 2012–for the 12th year in a row–identity theft complaints topped the list. The North Carolina Department of Justice reports that in this state, about 300,000 people are victimized annually by identity theft. In fact, five North Carolina … Read more
I’ve previously written on this blog (here) about forfeiture of counsel. As I’ve noted, waiver is different from forfeiture. A waiver of counsel involves a knowing, voluntary, and intelligent relinquishment of the right to counsel. Forfeiture of the right to counsel involves an involuntary relinquishment of the right, typically because of misconduct. A recent case, … Read more
The N.C. AOC’s website indicates that the current pay rate for jurors in North Carolina is $12 for the first day of service, $20 for days two through five; and if you serve for more than five days, you get a bonus: $40 for every day after day five. [Editor’s Note: I discussed juror pay … Read more
In 2012, the N.C. General Assembly enacted new case processing rules for motions for appropriate relief. See S.L. 2012-168. The new rules put the judges on a pretty tight leash in terms of ruling on these motions. Here’s a visual of how they operate: Footnotes: 1. G.S. 15A-1420(b1)(2); see also G.S. 15A-1413(d). 2. G.S. 15A-1420(b2)(1). … Read more
G.S. 14-34.1 makes it a Class E felony to discharge a barreled weapon or firearm into occupied property. The offense is elevated to a Class D felony if the property is an occupied dwelling or occupied conveyance in operation, and to a Class C felony if the defendant causes serious bodily injury. Although the statute … Read more
Child sexual abuse cases raise a bevy of evidence issues. One recurring issue is this: Is it permissible for the State’s expert to testify that sexual abuse in fact occurred? The answer is yes, in certain circumstances. Here are the rules: 1. In a case involving a child victim, an expert may testify that sexual … Read more