A UNC School of Government Blog
Jeff Welty 
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
Still trying to decide what you should commit to doing in the new year? Regular programming returns tomorrow, but for today, I thought that I would suggest some possible criminal-law-related resolutions: 1. Read Jamie’s book. Jamie’s book on the Justice Reinvestment Act is available for purchase here, but many readers — judges, prosecutors, public defenders, … Read more
I’m off tomorrow, as are most of my co-bloggers, so there won’t be a post then. This marks the beginning of the blog’s annual winter break. We’ll be back on Wednesday, January 2, 2013. Thank you for contributing to the blog this year, whether by reading, commenting, suggesting topics for posts, or all of the … Read more
Can Durham ban the possession or sale of assault rifles? In the wake of the massacre at Sandy Hook Elementary School, I have been asked several times whether gun regulations may be implemented at the local level. Generally. Generally, the answer is no. Under G.S. 14-409.40, “the regulation of firearms is properly an issue of … Read more
The writing may be on the wall for internet sweepstakes businesses. On Friday, the state supreme court unanimously upheld the constitutionality of G.S. 14-306.4, the statute enacted to target such operations. The principal decision is Hest Technologies, Inc. v. State, __ N.C. __ (2012), written by Justice Hudson. Background. The legislature has been concerned for … Read more
Three more inmates had their death sentences vacated this week under the Racial Justice Act. Cumberland County Superior Court Judge Greg Weeks, following the reasoning he used previously to void the death sentence for another inmate, ruled that racial discrimination by the State during jury selection required that the defendants be resentenced to life without … Read more
The murder rate in North Carolina is falling. The same is true nationally. A recent article suggests that shootings are actually up, but deaths are down due to medical advances. At least the first part of that claim is almost certainly wrong. The chart below illustrates the decline in murders. The article in question is … Read more
Hot sauce, simulated sex, and echoes of the notorious Abu Ghraib prison are allegedly involved in one of this week’s most disturbing stories. Yahoo! News reports here that six inmates from Sampson Correctional Institution claim that prison staff “forced them to perform numerous humiliating acts for the entertainment of guards, including stripping nude and pretending … Read more
May a man be held criminally responsible for the contents of his girlfriend’s purse? Yes, on the facts of State v. Mitchell, the court of appeals ruled yesterday. In Mitchell, an officer stopped the defendant for speeding. The officer ordered the defendant and his girlfriend out of the car. Subsequent events, not highly relevant here, … Read more