A UNC School of Government Blog
Jeff Welty 
The General Assembly reached an agreement on coal ash and has adjourned for the session. Shortly before departing, it approved a technical corrections bill that has become law. The bill contains several criminal law provisions, some of which arguably are not “technical.” But let’s not get technical about what’s technical! Bob Farb sent a summary … Read more
According to the New York Times, the governor of Missouri is now deploying the National Guard in an “effort[] to quell unrest” resulting from a white police officer’s shooting of a black teenager in the city of Ferguson. It seems to me that much of the “unrest” is a result of a lack of factual … Read more
This week brought two tidbits of legislative news as the session winds down. First, the General Assembly slightly revised the rules for disposing of weapons seized during criminal investigations, generally making it somewhat easier to order such weapons into the possession of a local law enforcement agency. A helpful AOC memo explaining the changes is … Read more
A national, empirical study of defenses found that the defense of entrapment arose in just 0.08% of cases, usually “to little avail.” Stephen G. Valdes, Frequency and Success: An Empirical Study of Criminal Law Defenses, Federal Constitutional Evidentiary Claims, and Plea Negotiations, 153 U. Penn. L. Rev. 1709, 1716 (2005). But every now and again, … Read more
The headline news this week is that the General Assembly has agreed on a budget, and Governor McCrory has signed it. It is here. Among other provisions, it moves the SBI from the Attorney General’s office to DPS (section 17.1); requires much of the information in attorney fee applications to be made publicly available online … Read more
The court of appeals recently decided a case about when a pedestrian’s efforts to avoid an officer provide reasonable suspicion for an investigative stop. The type of encounter involved is reasonably common and the case features a dissent, so it’s worth exploring. The facts. The case is State v. Jackson, and it arose at 9:00 … Read more
The Supreme Court ruled in Riley v. California that cell phones can’t be searched incident to arrest. Jessie explained in yesterday’s post that Riley applies to cases that were pending when it was decided. Does that mean that the results of all the cell phone searches incident to arrest conducted before Riley was decided must … Read more
For the second week in a row, a death penalty story from the West is the headliner. Arizona executed convicted murderer Joseph Wood on Wednesday afternoon by lethal injection. His death took almost two hours. Some believe that Wood was gasping and snorting throughout and view it as a botched execution (see this Slate article), … Read more
In connection with an ongoing research project, I recently reviewed the 2013 Wiretap Report, prepared by the Administrative Office of the United States Courts. It contains some information that may be of interest to readers, including: 3,576 wiretaps were authorized by federal or state courts in 2013, about twice the number authorized a decade earlier. … Read more
Lawyers Weekly ran a brief article a couple of months ago about the above question. The article is here, behind a paywall. What follows is my own analysis of the issue. Obscenity. The first issue, and the only one addressed by Lawyers’ Weekly, is whether making pornographic movies would violate the obscenity statutes. Specifically, G.S. … Read more