A UNC School of Government Blog
Jeff Welty 
This week, the court of appeals decided State v. Price, an interesting gun rights and Fourth Amendment case. Facts. The defendant was standing in a forest, near a deer stand, holding a rifle, in full camouflage, when a wildlife officer approached him. The officer asked the defendant for his hunting license, under the license check … Read more
Two elected district attorneys resigned mid-term yesterday: Colon Willoughby in Wake County (to move into private practice), and Jerry Wilson in Watauga and four other mountain counties (citing medical reasons). When an elected DA resigns, the governor is empowered to appoint an interim DA until the next election. N.C. Const. art. IV, § 19. Sometimes … Read more
The top story of the week concerns Patrick Cannon, who was the mayor of Charlotte until he was arrested Wednesday on federal corruption charges. He resigned his post, as the News and Observer reports in detail here. Some commentators are predicting a trial, with the defense arguing either (a) entrapment or (b) that there was … Read more
I’m traveling today so I’ll round up the news a bit more briefly than usual: Court of appeals remands lethal injection case. The News and Observer reports here that the court of appeals has remanded a challenge to the state’s lethal injection protocol to superior court for further consideration. Executions likely will remain on hold … Read more
Last session, the General Assembly added a new subsection to the principal pretrial release statute, G.S. 15A-534. The new provision took effect on December 1, 2013, and has proven to be extremely frustrating to magistrates. It also raises some legal issues. The provision states: When conditions of pretrial release are being determined for a defendant … Read more
It is ACC tournament time, and basketball competition among North Carolina’s universities is fierce. U.S. News has just released its annual law school rankings, meaning that competition among the state’s law schools is also fierce. Duke takes top honors, cracking the coveted top 10. (Well, tied for number 10, anyway.) UNC and Wake Forest are … Read more
The court of appeals recently expanded the community caretaking exception to the warrant requirement, entering a national controversy over the proper scope of the doctrine. This post explains the exception and the disagreement about its proper application. Background: United States Supreme Court. The doctrine was first recognized by the United States Supreme Court in Cady … Read more
In Chapel Hill, the top story is District Attorney Jim Woodall’s decision not to charge former UNC employee Deborah Crowder in connection with the athletic/academic/no-show classes scandal. The Herald Sun has the story here, but the key detail is that the decision not to prosecute was based in part on Crowder’s ongoing cooperation, both in … Read more
The SBI is investigating allegations that nude photographs of middle and high school students have been posted on photo-sharing site Instagram without the students’ consent. The investigation began in Wake County but has now reached eight additional counties as well. WRAL has the story here. I imagine that the images first came into circulation through … Read more
Last year, I wrote a paper about North Carolina’s habitual felon, violent habitual felon, and habitual breaking and entering laws. Around the time the paper came out, the General Assembly passed S.L. 2013-369, a broad bill concerning firearm regulations. The new law adds a new habitual offense, the offense of armed habitual felon. I’ve had … Read more