About a year ago, I wrote about State v. Hembree, 368 N.C. 2 (2015), a case in which the state supreme court reversed a murder conviction based on the State’s excessive use of Rule 404(b) evidence. This month, a divided court of appeals decided a case in the same vein. The case is State v. Reed.
Jeff Welty
Podcast Update: Episode 4 Now Available
The penultimate episode of the inaugural season of Beyond the Bench is now available! The first half of the episode was produced by Shea, and explores the penalties associated with impaired driving and their effectiveness at addressing the problem. The second half involves me interviewing Jamie about the concept of absconding from probation. We talk about … Read more
Podcast Update: Episode 3 Now Available
The moment you have been anticipating has finally arrived! No, not the start of the Olympics, but the release of Episode 3 of our podcast, Beyond the Bench. It is now available on our podcast website and in the Apple and Android podcast stores. The episode features an interview with Superior Court Judge Carl Fox. … Read more
Update on Jury Trial Waivers
In 2014, North Carolina’s voters approved an amendment to the state constitution. The amendment enabled a criminal defendant charged with a crime in superior court to waive his or her right to a jury trial, and instead have his or her guilt or innocence determined by a judge. I wrote a report about the amendment before it was adopted; I wrote about some of the procedural questions raised by the amendment after it passed; and I wrote about 2015 legislation that changed or clarified the waiver procedures. Now we have an appellate case that addresses two issues pertinent to jury trial waivers, so I thought I’d write about that.
Podcast Update: Episode 2 Now Available
In a previous post, I announced the release of our new podcast, Beyond the Bench. The reaction to the first episode was positive, and I’m happy to say that the second episode is now available. It’s on our podcast website, in Apple’s podcast store, and in the leading Android stores. In the new episode, I … Read more
Vinson, Voisine, and Misdemeanor Crimes of Domestic Violence
The United States Supreme Court recently decided a case about what counts as a “misdemeanor crime of domestic violence” for purposes of the federal statute prohibiting individuals who have been convicted of such crimes from possessing firearms. I’ve had several questions about whether the ruling affects last year’s Fourth Circuit decision holding that North Carolina assaults generally don’t qualify as “misdemeanor crime[s] of domestic violence.” For the reasons set out below, I don’t think the Supreme Court case clearly overrules the Fourth Circuit’s decision.
Announcing Our New Podcast: Beyond the Bench
On behalf of the North Carolina Judicial College and the School of Government, I’m pleased to announce the launch of a new podcast about the court system. It’s called Beyond the Bench, and it is intended to be of interest to judges, lawyers, clerks, officers, and others who work in and around the court system. This post provides more detail about the project, but if you are ready to listen, you can get the podcast on the web here, or through the iTunes podcast store or on Stitcher.
One Case, Two Ways of Authenticating Video
Technologists tell us that we are in the age of ubiquitous video. It seems that almost everything is being recorded. Naturally, this means that more and more video recordings are being introduced in court. A recent decision by the court of appeals is a helpful reminder of the two primary methods of authenticating video.
One Phone Call
On TV and in the movies, arrestees are entitled to one phone call upon arrest. In real life, the situation is more complicated.
Cyberbullying Statute Struck Down
Last week, the state supreme court unanimously ruled that a provision of North Carolina’s cyberbullying statute, G.S. 14-458.1, “violates the First Amendment.” The case is State v. Bishop, and the opinion is here. I previously wrote here about the court of appeals ruling upholding the statute. This post summarizes the case and discusses the new opinion.