A UNC School of Government Blog
Jeff Welty 
Our court system assumes that people can tell whether other people are telling the truth by evaluating the demeanor of the other people. This is true in a wide range of contexts. Jurors are encouraged to consider the demeanor of each witness in deciding whether to credit the witness’s testimony. N.C.P.I. — Crim. 101.15 (referring … Read more
I’m working on revising Arrest Warrant and Indictment Forms, a manual that provides charging language for several hundred common offenses. In the course of working on language for possession of stolen goods and receiving stolen goods, I noticed a couple of things that might be of interest. First, there are two statutes that criminalize each … Read more
I’ve received questions from both prosecutors and defense lawyers about whether and how the state can obtain a suspect’s — or a defendant’s — medical records when those records may contain information relevant to a criminal investigation. The most frequently-asked questions are addressed in the scenario below. Take a look, and post a comment if … Read more
Although the General Assembly has finally wrapped up for the year, there’s still been a fair bit of news lately that may be of interest to readers of this blog. 1. First and foremost, the United States Supreme Court recently took the virtually unprecedented step of ordering a hearing on an “original” habeas petition — … Read more
The longest opinion issued by the court of appeals this week was Judge Ervin’s 45-page treatise in State v. Ward, __ N.C. App. __ (2009). Although the opinion contains other important material, I want to focus on the court’s holding that the method used by an SBI agent to identify certain prescription drugs was “not … Read more
The court of appeals decided State v. Cole, __ N.C. App. __ (2009), yesterday. Simplifying the facts a bit, the two defendants planned to rob two victims, and, brandishing firearms, went to the home the victims shared. One of the victims claimed to be unsure about where her money was. She led one of the … Read more
I’ve had several questions recently about the merger doctrine as it applies to felony murder. It’s a complicated area, made even more confusing because there are two different doctrines that share the name “merger.” I’m not going to address the merger doctrine that requires the court to arrest judgment on the underlying felony when a … Read more
Last week, the court of appeals decided State v. Watterson, __ N.C. App. __ (2009). The defendant was charged with, and convicted of, two counts of possession of a weapon of mass destruction in violation of G.S. 14-288.8. The charges were based on the defendant’s possession of two shotguns, each of which had been sawed … Read more
There has been an endless parade of relevant news over the past week or so. First, Justice Sonia Sotomayor was confirmed by the Senate and sworn in. This New York Times story about her confirmation gives you the basics if you’ve been living under a rock. Second, I’ve just come back from a week of … Read more
The General Assembly has passed several interesting pieces of legislation recently, but none are more consequential than S 920, the probation reform bill signed by Governor Perdue last week. I previously expressed my hope that Jamie Markham, our sentencing and corrections expert, would summarize and analyze the bill, and fortunately for all of us, he’s … Read more