A UNC School of Government Blog
Jeff Welty 
This post discusses what may be the single most common error in habitual felon proceedings: having a defendant stipulate, rather than plead guilty, to being a habitual felon. Must plead guilty, not just stipulate. “Being an habitual felon is not a crime but is a status.” State v. Allen, 292 N.C. 431 (1977). Yet a … Read more
I don’t mean to cast aspersions on the Garden State, but it seems like there are a lot of people here in North Carolina with criminal records from New Jersey. Some of those folks are repeat offenders, but an unusual aspect of New Jersey law calls into question the applicability of North Carolina’s habitual felon … Read more
The top of the news this week is SB 10, which appears to have passed the state Senate. (You can see the bill’s progress here.) Readers of this blog will be most interested in section 2.8 of the legislation, which, effective July 1, 2013, would abolish all 12 special superior court judgeships that are not … Read more
Many veteran prosecutors know the rule, “plead in the conjunctive.” In other words, in an indictment or other charging document, join different theories of the crime with the word “and” instead of the word “or,” even when the statute defining the offense uses “or.” It’s an archaic rule, but it comes up often enough that … Read more
The internet sweepstakes soap opera took a dramatic turn this week. An employee of a Davidson County sweepstakes business was charged with violating the recently-upheld sweepstakes law, G.S. 14-306.4. The charges were promptly dismissed by the District Attorney, but a sweepstakes vendor called International Internet Technologies nonetheless sued, seeking an injunction prohibiting enforcement of the … Read more
I have been asked several times whether the state may admit, under N.C. R. Evid. 404(b), evidence of noncriminal conduct. The answer is yes, assuming of course that the evidence is offered for a proper purpose under the Rule and meets the other requirements for admissibility. Examples. This issue can arise in many kinds of … Read more
Yesterday was Data Privacy Day, making this a good time to recap some recent developments in law enforcement access to email and other electronic communications. Data Privacy Day. You’re probably familiar with it already, but just in case you need a bit of background: Data Privacy Day is an “effort to raise awareness about data … Read more
Cyclist Lance Armstrong has recently confessed to using performance enhancing drugs during each of his seven Tour de France victories. Public discussion has focused on whether his apology, during an interview with Oprah Winfrey, was genuine or not. I want to consider whether his conduct was criminal. (By “conduct,” I mean the doping and related … Read more
Just as the snow has been battering the mountains, the recession has been battering the courts. So says this article on NC Policy Watch, which summarizes the impact: “[C]lose to $80 million in budget cuts over four years; 638 full-time employees cut through vacancy management and actual losses, including magistrates and district attorney support staff; … Read more
Diminished capacity is among the most commonly asserted defenses, particularly in first-degree murder cases, but I realized yesterday that I had never blogged about it. Today, I will remedy that. Here’s what you need to know. Generally, negates specific intent. Diminished capacity, first recognized in the case of State v. Shank, 322 N.C. 243 (1988), … Read more