A UNC School of Government Blog
Jeff Welty 
The court of appeals just decided State v. Hernandez, which raises an important and recurrent hearsay issue. Briefly, the facts of Hernandez are as follows: the defendant traveled with his girlfriend, the victim, to her mother’s home. The defendant exhibited jealous behavior towards his girlfriend. His girlfriend told her mother that the defendant was “wanted … Read more
I’ve been asked several times recently whether an officer who asks a magistrate to issue an arrest warrant and is turned down based on a lack of probable cause can simply go to another magistrate and ask the other magistrate to issue the warrant. The answer is yes. There’s no double jeopardy problem because jeopardy … Read more
Because a snowstorm is supposed to trap many of us in our homes this weekend, I thought I’d highlight some news items that may be of interest. 1. Judges Wynn and Diaz have moved one step closer to seats on the Fourth Circuit. 2. There have been developments in several high-profile North Carolina criminal cases: … Read more
When a law enforcement officer is entitled to search a computer for evidence, she typically is entitled to look at every file on the computer, at least briefly. That’s because files that contain evidence of a crime may not be named drugtransactions.doc, but instead may be labeled airconditioningrepairbill.pdf, or something equally misleading and innocuous. Because … Read more
The court of appeals decided State v. Salvetti this week. The case involves several interesting issues, but I want to focus on the court’s approval of “package deal” plea bargaining. In Salvetti, the defendant and his wife were charged with abusing their son. The defendant entered into a plea bargain, under which he pled guilty … Read more
I’ve blogged before about G.S. 20-139.1(d1). When a DWI arrestee refuses to submit to a test for alcohol, that section allows “any law enforcement officer with probable cause” to “compel the [arrestee, without a search warrant] to provide blood or urine samples for analysis if the officer reasonably believes that the delay necessary to obtain … Read more
From time to time, an officer or a magistrate asks how to respond when a defendant who is properly subject to fingerprinting under G.S. 15A-502 refuses to be fingerprinted. There are at least three good ways to address this situation: First, the magistrate can make fingerprinting a condition of release. This is probably permitted under … Read more
There have been several interesting criminal law new stories this week. I want to focus mainly on one with a local connection, but I’ll note briefly this New York Times article that describes some research suggesting that probation and parole violations should be more frequent, more immediate, and less harsh; this Wired magazine article that … Read more
Regular readers know that I have a particular interest in the intersection of new technologies and criminal law. But I am not the only person at the School of Government interested in this topic. My colleague Cheryl Howell recently taught a session on electronic evidence — essentially, how the rules of evidence apply to things … Read more
Consider the following excerpts from a penalty phase closing argument in a capital case: “[D]on’t look to [the defendant] for sympathy, because he demands none. And, ladies and gentlemen, when you turn and look at [the defendant], don’t look for good deeds, because he has done none. Don’t look for good thoughts, because he has … Read more