A UNC School of Government Blog
Jeff Welty 
The American Psychiatric Association is about to release the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, commonly abbreviated DSM-V and pronounced “DSM five.” This is important to criminal lawyers because mental health issues are litigated in so many criminal cases, and the DSM is the generally accepted authority on mental health diagnoses. By … Read more
There was lots of news this week about judges new and old, so let’s start with that, then move on to the rest: Jeff Hunt, until now the elected district attorney for district 29B (Henderson, Polke, and Transylvania counties), has been named a special superior court judge. Assistant district attorney Doug Pearson will be the … Read more
Although the number of capitally-tried cases has declined in recent years, capital cases remain important, complex, and hotly contested. So I’m happy to announce that a new edition of the North Carolina Capital Case Law Handbook is now available. I’m the author, though the new edition is built upon the sturdy foundation of the previous … Read more
Suppose that a murder defendant goes by the street name “Hit Man.” The prosecution wants the investigating officer to testify that she received a tip that “Hit Man” committed the crime, and that she knew that the defendant used the nickname “Hit Man.” Defense counsel moves to prohibit all references to the nickname during the … Read more
Certainly the most shocking story of the week comes from Cleveland, where Ariel Castro has been charged with abducting three women, sexually abusing them, and holding them captive for ten years. CNN has the basics here. One important legal question is whether Castro could be eligible for the death penalty, based on allegations that he … Read more
I recently finished Justice Sonia Sotomayor’s autobiography, My Beloved World. It’s a terrific book and an interesting companion to another outstanding Supreme Court memoir, Justice Clarence Thomas’s My Grandfather’s Son. In a nutshell, My Beloved World traces Justice Sotomayor’s life from her early childhood in the Bronx through her confirmation as a federal district court … Read more
This week, the General Assembly ratified SB 117, or Lily’s Law, which adds the following provision to the murder statute, G.S. 14-17: “For the purposes of this section, it shall constitute murder where a child is born alive but dies as a result of injuries inflicted prior to the child being born alive.” The bill … Read more
Potentially capital federal charges have been filed against Dzhokhar Tsarnaev in connection with the Boston marathon bombings. The filing of charges led to an initial appearance – in the hospital – before a federal magistrate judge, who advised Tsarnaev of his Miranda rights in the course of the proceeding. (Investigators had not previously read him … Read more
Last year, I announced the debut of “the School of Government’s first smartphone app, a guide to the law of search and seizure called ASSET.” Over 4,000 people installed the app, and reviews termed it a “great resource” and “very useful.” New version. We have just finished a new version of the app. The new … Read more
Dzhokhar Tsarnaev has been arrested in connection with the Boston Marathon bombings. CNN reports that he “lies in a hospital with a gunshot wound to the side of his neck, sedated and intubated,” but that he could be put on a “sedation holiday” and brought back to consciousness to be questioned. This raises several issues. … Read more