A UNC School of Government Blog
Jeff Welty 
Someone asked me recently why so many defendants enter Alford pleas in North Carolina. I’ve wondered the same thing. When I was in private practice, I worked mostly in federal court, where Alford pleas are vanishingly rare. But in North Carolina’s state courts, they are almost routine. My interlocutor’s question got me thinking about Alford … Read more
It’s been quite a while since I assembled a news roundup, and as usual, there are more interesting, relevant news items than I can reasonably fit into a post. I’ll try to limit myself to the most noteworthy. 1. Timothy Hennis, acquitted of murder in a civilian trial 20 years ago, was convicted by a … Read more
Under G.S. 14-7.6, when a defendant is sentenced as a habitual felon, his sentence “shall run consecutively with and shall commence at the expiration of any sentence being served” by the defendant. This language sometimes leads lawyers and judges to think that when a defendant is sentenced as a habitual felon for more than one … Read more
I recently blogged about some of the questions that arise in connection with breaking or entering a motor vehicle, e.g., whether one commits that offense if one reaches into the open bed of a pickup truck. I’ve also been asked several questions recently about breaking or entering a building, and specifically, about what counts as … Read more
by School of Government Immigration Law Specialist Sejal Zota Is defense counsel constitutionally obligated to inform a noncitizen criminal defendant whether his guilty plea carries a risk of deportation? Yesterday, the United States Supreme Court said yes in a case called Padilla v. Kentucky. In Padilla, the petitioner—a lawful permanent resident (green card holder) for … Read more
Yesterday, the United States Supreme Court decided Berghuis v. Smith, a case in which the defendant claimed that the pool from which his jury was selected was not a fair cross section of the community. In my experience, it is not uncommon for a defendant, particularly a minority defendant, to look at the jury pool … Read more
The big news at this time of year is usually basketball-related, and Duke’s fantastic win last night to earn a Final Four berth certainly deserves mention. But because not everyone shares my enthusiasm for the Blue Devils, I’ll try to restrain myself and focus mainly on criminal law matters. 1. The News and Observer recently … Read more
Under G.S. 14-56, it is a Class I felony to “break[] or enter[] any . . . motor vehicle . . . containing any . . . thing of value” with the intent to commit larceny or any felony. It sounds straightforward enough, but I was recently asked whether breaking into a toolbox affixed behind … Read more
I’ve been a little under the weather this week, so I thought I’d do a post about communicable diseases. One question that comes up frequently is whether an arrestee can be compelled to be tested for a communicable disease when an officer believes that he may have been exposed to a communicable disease carried by … Read more
Several interesting stories have cropped up over the past week. 1. In Moore County, a woman who was convicted in district court of DWI and speeding was acquitted on trial de novo in Superior Court. The unusual aspect of the case is that she admitted both offenses, but asserted the defense of necessity. According to … Read more