A UNC School of Government Blog
Jeff Welty 
These days, it seems as though there’s a trial of the century every week or two. Media coverage of court proceedings has never been more intense, even with Nancy Grace focused on Dancing with the Stars. The proliferation of smartphones, tablets, and other internet-connected devices has given jurors almost unlimited access to media reports, which … Read more
According to a recent AP poll, discussed here, only 8% of Americans said that they felt very confident about the “people who are running” blogs, while 47% lacked confidence in bloggers. Ouch! At least we are held in greater esteem than Congress. Click the link to see Americans’ views of the Supreme Court, the military, … Read more
In recent years, courts have generally deemphasized formalistic compliance with procedural rules. But sometimes, procedural considerations can still make or break a case. Take, for example, State v. Oates, __ N.C. App. __ (2011), decided last week. The case began in a seemingly routine manner. The police searched the defendant’s house pursuant to a search … Read more
From time to time, an officer from another state wants to get medical records from a North Carolina hospital. For example, a South Carolina officer may want the medical records of a driver who was involved in an accident just south of the border and who was taken to a North Carolina hospital. The officer … Read more
The top story of the week was really several stories — the News and Observer’s three-piece series on Tracey Cline, the District Attorney in Durham County. As a Durham voter, a News and Observer subscriber, and someone who works closely with prosecutors, I’m going to refrain from editorializing about the series. You can read the … Read more
The court of appeals decided State v. Howard earlier this week. The opinion addresses several issues, but I want to focus on what is sometimes called the connected crimes doctrine, which allows the state to introduce evidence of uncharged crimes closely related to a charged offense notwithstanding Rule 404(b)’s limitations on evidence of uncharged bad … Read more
Under G.S. 15A-534.1, when a defendant is charged with assault, stalking, communicating threats, or certain other crimes against “a spouse or former spouse or a person with whom the defendant lives or has lived as if married,” a judge, rather than a magistrate, must set the defendant’s bond. The same rule applies when a defendant … Read more
I’ve been asked several times recently whether a particular set of facts should be charged as embezzlement, in violation of G.S. 14-90, or as larceny by employee, in violation of G.S. 14-74. Struggling to answer those questions led me to realize that I didn’t have a good understanding of the relationship between the two offenses. … Read more
Several high profile murder trials are headed for a conclusion in the near future. The News and Observer covers the Robert Stewart trial here (the defendant admits killing eight people at a nursing home, but contends that due to his mental illness and use of prescription drugs, he is not legally culpable), and the Joshua … Read more
I’ve written about traffic stops at some length, in this paper. One of the areas in which the law is unsettled is the extent to which officers may engage in investigative activity during the stop that is not related to the purpose of the stop, especially if such investigative conduct prolongs the stop. Here’s what … Read more