A UNC School of Government Blog
Jeff Welty 
There was a ton of interesting news this week, starting in Union County, where the “district attorney has dismissed cases against 39 people because Monroe police officers failed to provide case files and related work needed for prosecution,” according to this Charlotte Observer article. The article notes that last year, a judge fined the police … Read more
The Ninth Circuit recently decided a case that addresses a question I’ve been asked several times: may the police answer a seized cell phone? The answer may depend on the basis for, and circumstances of, the seizure. On the facts before the Ninth Circuit, the court answered no. The Ninth Circuit case. The case is … Read more
There’s a pretty strong argument that the state court system is underfunded. And there’s a pretty strong argument that the federal court system is underfunded. The Judicial Conference of the United States makes the latter pitch in this letter to President Obama, noting that budget cuts have impacted “all aspects of court operations,” including reducing … Read more
When the police seize a gun in the course of an investigation, what becomes of it after any resulting court case concludes? A recent legislative enactment has changed the most common answer to that question – and may leave a significant number of weapons in limbo. Prior law. Until recently, G.S. 15-11.1(b1) provided that once … Read more
Eleanor Aker, the print shop operator at the court of appeals, has retired. Ms. Aker is 86 and worked for the state for nearly 40 years. Chief Justice Parker presented her with the Old North State award upon her retirement. Ms. Aker told WRAL: “I love to work. . . . I’ve enjoyed every day … Read more
Durham County Superior Court Judge Elaine Bushfan, hearing cases in Alamance County, reversed her own judgments in five cases this week, saying that the Alamance County District Attorney’s office was too “harsh,” and that she would no longer hear criminal cases in Alamance County. Three of the five cases were habitual felon prosecutions. District Attorney … Read more
When may rap lyrics written by a defendant be admitted as evidence of guilt? That question has been in the news quite a bit lately as a result of a decision by the Nevada Supreme Court. (For example, see this ABC News story, or this Washington Post piece.) There’s also some North Carolina authority on … Read more
I recently finished an Administration of Justice Bulletin about the habitual felon, violent habitual felon, and habitual breaking and entering laws. It’s a substantial expansion and revision of a paper I wrote in 2008. I creatively named it North Carolina’s Habitual Felon, Violent Habitual Felon, and Habitual Breaking and Entering Laws. It’s available here, for … Read more
The DWI blood test backlog at the state crime lab has started to receive media attention. TheWinston-Salem Journal recently ran this editorial, arguing that the situation is “unacceptable” and reflects a “management failure by the state.” The piece notes that the lab has trouble retaining analysts, who often receive more lucrative offers in the private … Read more
The line between a consensual encounter and a seizure can be blurry. Generally, there is no seizure when an officer simply approaches a person and asks the person a question. But there is a seizure when an officer approaches a person with a show of authority that would make a reasonable person feel that he … Read more