A UNC School of Government Blog
Jeff Welty 
I did a little research yesterday morning about running from the police. It started when, in connection with a presentation for which I was preparing, I reviewed State v. Mewborn, __ N.C. App. __, 684 S.E.2d 535 (2009). Mewborn arose in Kinston. Officers were “patrolling a high crime neighborhood” and specifically, were “approaching and questioning … Read more
Call me sentimental, but I kinda miss the days when ACC tournament Friday meant the working world nearly grinding to a halt. These days, it hardly skips a beat. The press of interesting criminal law news certainly hasn’t slowed down. Some recent stories of interest include: 1. The News and Observer reports that two former … Read more
I blogged recently about whether the state is obligated to produce its witnesses’ criminal records in discovery. (Recall that the answer is no, in North Carolina, with some exceptions.) Another question that sometimes comes up regarding the state’s witnesses is whether the state must inform the defense if one of its witnesses goes missing, or … Read more
In Ford v. Wainwright, 477 U.S. 399 (1986), the Supreme Court held that “the Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who is insane.” In other words, a defendant who was sane at the time of the crime, and competent at the time of his trial, but … Read more
A number of interesting news stories have appeared over the past week or so: 1. In the aftermath of the Greg Taylor case, the News and Observer reports that the SBI “will examine thousands of old cases analyzed in its forensic lab two decades ago to look for crucial evidence that may have been withheld … Read more
Who has the final say about whether to strike a prospective juror – the defendant or his lawyer? That’s the question addressed by the court of appeals today in State v. Freeman. The defendant in Freeman was charged with murder. During jury selection, the defendant and his attorney disagreed about whether to use a peremptory … Read more
Defendants sometimes argue, usually in sexual assault cases, that the complaining witness should not be called a “victim” during court proceedings. The basis of the argument is that using that term assumes the very fact to be proved, namely, the the defendant committed a crime against the complainant. Several courts around the country have accepted … Read more
The United States Supreme Court has decided two Miranda cases in the past two days. The prosecution won both cases. Tuesday, the Court decided Florida v. Powell. In Powell, the defendant was arrested, apparently for robbery. Before questioning him, the police told him, inter alia, that “[y]ou have the right to talk to a lawyer … Read more
When a person over 16, using a computer or other electronic device, and with the “intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands” a person under 16 and at least five years younger than the first person to meet for the purpose of committing an unlawful sex act, the first … Read more
I am dumbfounded by the rapid pace of criminal law news over the past week or so. Some news items that may be of interest: 1. Unless you’ve sworn off TV, radio, the internet, and all communication with your fellow humans, you probably know that a three-judge panel in Wake County exonerated Greg Taylor this … Read more