A UNC School of Government Blog
Jeff Welty 
Must a parent testify against his or her child when called as a witness? Conversely, must a child testify against his or her parent? The answer depends on whether there is a parent-child privilege. No North Carolina case, statute, or rule. I couldn’t quickly find a North Carolina case or statute on point. So I … Read more
We’ve already covered lawyer attire on the blog. In fact, that post is one of the most popular we’ve ever had. A recent story has brought juror attire to the fore. According to the Wall Street Journal Law Blog, a federal court in Florida sent two prospective jurors home for violating the court’s dress code. … Read more
Looking for some great beach reading? Look no further than the 2013 Punishment Chart for North Carolina Crimes and Motor Vehicle Offenses by Bob Farb! Available here, it is 129 pages of legal goodness. It contains information about statutory penalties for North Carolina crimes, including which offenses require sex offender registration. The Administrative Office of … Read more
How should a law enforcement officer conduct a lineup when the suspect has a facial tattoo? More than one in five American adults now has a tattoo according to a recent Harris poll. My sense is that facial tattoos, although still uncommon, are also increasing in popularity. But when a person with a facial tattoo … Read more
Today is the 70th anniversary of D-Day in Normandy, the beginning of the end of WWII. Over 4,000 Allied soldiers died that day, and many more were injured. People have different ways of remembering the anniversary. My favorite commemoration is the one undertaken by 93-year-old Jim Martin, who did the same parachute drop into France … Read more
I’ve had more and more questions about introducing GPS tracking data in criminal trials. When I think about digital evidence, I think about authentication as the first hurdle. This post summarizes the law regarding the authentication of GPS data. GPS data may come into criminal cases in several ways: because law enforcement placed a tracking … Read more
The focus in Raleigh this week was mostly on the budget. The Senate released its initial proposal, which differs from the Governor’s. As the News and Observer discusses here, the Senate budget would move the SBI and the Crime Lab from the Attorney General’s control to the Governor’s. Proponents of the move note that the … Read more
Yesterday, the United States Supreme Court decided Hall v. Florida, a case about the death penalty and intellectual disability. It’s an important case with implications for North Carolina. Background. In Atkins v. Virginia, 536 U.S. 304 (2002), the Court prohibited the imposition of the death penalty on mentally retarded defendants. The Court indicated that it … Read more
The legislature is in full swing. H 725, [update: fixed link] a bill that appears to raise the juvenile age to 17, but only for misdemeanors that are not motor vehicle offenses, has passed the House. Its prospects in the Senate are rumored to be uncertain. And H 1078, a bill that would eliminate special … Read more
I realize that the last update was only a few months ago, but I have updated my traffic stops paper again. It now includes a discussion of the United States Supreme Court’s decision in Navarette v. California, __ U.S. __, 134 S.Ct. 1683 (2014) (holding that a motorist’s anonymous 911 call reporting that a particular vehicle had run … Read more