A UNC School of Government Blog
Jeff Welty 
Suppose that the defendant is charged with a gang-related murder. The State seeks to establish that the defendant is a gang member by introducing a photograph that a detective found on the defendant’s Facebook page. The photograph shows the defendant flashing gang signs. The defendant argues that the picture can’t be authenticated, because digital photographs … Read more
Magistrates want mo’ problems. Actually, just mo’ money. By statute, magistrates are supposed to be paid according to a step system, with specific salaries attached to particular lengths of service as prescribed in G.S. 7A-171.1. For several years, though, magistrates have been “frozen” and not allowed to move to higher steps. Now a group of … Read more
Shea noted yesterday that the General Assembly has begun its 2014 session, and she summarized one of the bills that the legislature may take up. This post notes several other significant bills under consideration. Background. In even-numbered years, the legislature has a “short session” during which only certain matters may be considered. The most important … Read more
The court of appeals just reversed a defendant’s conviction for possession of a firearm by a convicted felon. It’s a case with interesting facts that raises questions about whether the owner or the driver of a vehicle is responsible for its contents. State v. Bailey began when two Roxboro officers heard several gunshots at an … Read more
This week, the state supreme court heard oral arguments on the retroactivity of Miller v. Alabama, the United States Supreme Court case that ruled that juvenile murderers could not automatically be sentenced to life without parole. WUNC ran a short piece on the issue, consisting mainly of an interesting interview with an attorney from North … Read more
The primary election that took place on Tuesday is over and the votes have been counted. Results of note for those involved in the criminal justice system include the following: Supreme Court. The race for Justice Hudson’s seat on the Supreme Court will be between Justice Hudson and Judge Levinson. Jeannette Doran was eliminated from … Read more
On balance, Americans like freedom, choices, and guns. It would seem to follow that Americans would support a free market that gives us an array of choices among guns. Yet some gun rights advocates are pressuring gun dealers not to sell so-called smart guns, which can “recognize” their owners and can only be fired by … Read more
Los Angeles Clippers owner Donald Sterling made some racist remarks to his girlfriend, she recorded them, and they were leaked on the internet. This appears likely to cost Sterling the ownership of his team, but he bought it for $12 million and will sell it for $1 billion, so he will be able to dry … Read more
Yesterday, the Supreme Court heard two cases regarding whether law enforcement officers may search a suspect’s cell phone incident to arrest. Generally, the answer to that question in North Carolina has been yes, as I discussed here. But it sounds like a new rule may be coming soon. The cases. In United States v. Wurie, … Read more
Another North Carolina case is headed to the Supreme Court. The latest grant of certiorari is in Heien v. North Carolina, the burned-out brake light case in which the state supreme court ruled that an investigative stop may be based on an officer’s mistake of law, so long as the mistake is reasonable. The decision … Read more