A UNC School of Government Blog
Jeff Welty 
The School of Government is considering whether to enter the world of smartphone and tablet apps as a vehicle for conveying legal information. Given my love of gadgets, you can imagine how enthusiastic I am about this possibility! For example, we could develop an app that would serve as a mobile legal reference for law … Read more
There’s a lot going on this week! The removal hearing in Durham concerning District Attorney Tracey Cline has ended, with Superior Court Judge Robert Hobgood promising a decision Friday morning. The dispute over consent searches in Fayetteville has taken a new turn, with a judge entering a temporary restraining order requiring the city to lift … Read more
There’s a popular video game — or really, series of video games — called Grand Theft Auto. And many states have a crime called grand theft auto, or have some other theft offense that is specific to motor vehicles. In fact, according to this handy chart from the National Conference of State Legislatures, it appears … Read more
I can’t stop writing about Fayetteville! The city council’s 120-day moratorium on consent searches by the police during traffic stops came under fire this week from several angles. First, the Attorney General’s office issued an advisory letter concluding, in essence, that a municipal government can’t take away a power granted by a state statute — … Read more
Under Miranda v. Arizona, 384 U.S. 436 (1966), before an officer may begin a custodial interrogation of a suspect, the officer must advise the suspect of certain rights, such as the right to remain silent. One might think that when an officer questions a jail or prison inmate, the setting is necessarily custodial. The case … Read more
The court of appeals recently decided Kenton v. Kenton, a civil case of major significance for criminal lawyers. In a nutshell, a wife sought a domestic violence protective order (DVPO) against her husband. A district court judge entered a consent DVPO, finding that “[t]he parties agree to entry of this order without express findings of … Read more
There’s been a lot going on this week. The first evidentiary hearing under the Racial Justice Act has come to an end. The Fayetteville Observer reports on the parties’ closing arguments here. Both sides are expected to file additional briefs, and a decision is unlikely for several weeks. The national media is interested in the … Read more
The Supreme Court of North Carolina recently decided State v. Mbacke, an important case about searches incident to arrest. I mentioned Mbacke briefly in this prior post, which noted that the court of appeals’ decision in the case was impossible to reconcile with the same court’s decision in the similar case of State v. Foy. … Read more
Last week’s top stories are still going, including litigation under the Racial Justice Act in Fayetteville. The Fayetteville Observer’s latest story is here, summarizing the testimony of the state’s statistician. For those with a numerical bent, it’s pretty interesting. But many of us are looking ahead to next week and Valentine’s Day. Apparently that includes … Read more
Several years ago, I blogged about a case in which the government sought to compel a criminal defendant to provide the password to his encrypted computer, or at least, to provide an unencrypted copy of the contents of his hard drive. You can read that post here. It’s time to revisit the topic, for two … Read more