A UNC School of Government Blog
Jeff Welty 
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
New Governor Pat McCrory may be more focused on economic policy than on the courts and criminal justice, but he’s still done several things in his first days in office that might interest readers, like rescinding Governor Perdue’s executive order creating a judicial nominating commission; naming former legislator – and former probation officer – David … Read more
Yesterday, the United States Supreme Court decided an important competency case. Let’s start the discussion with a quiz. Which of the following statements is true? a. A trial may be conducted even when a capital defendant is incompetent. b. Federal habeas proceedings may continue even when a petitioner/former capital defendant is incompetent. c. An execution … Read more
The New Year is off and running. Yesterday was the day the mandate issued on the Hest Technologies video sweepstakes case, which I previously summarized here. That means that law enforcement could begin charging those in violation of the law – but many sweepstakes operators have changed their software in an attempt to comply with … Read more