A UNC School of Government Blog
Jeff Welty 
The Court of Appeals released several criminal law opinions yesterday. One that caught my eye was State v. Merrell, __ N.C. App. __ (2011). In a nutshell, the defendant was an alcoholic who lived with his sister and her family. He began sexually abusing his niece, in a variety of ways, when she was nine. … Read more
The last batch of opinions from the court of appeals included a really interesting constructive possession case.The facts of State v. Slaughter, __ N.C. App. __ (2011), are as follows. Officers executed a search warrant at a mobile home. The defendant did not live in the home but was present at the time of the … Read more
According to the News and Observer, plea negotiations regarding former Senator John Edwards have not resulted in an agreement, and Edwards “was indicted today [editor’s note: literally, an hour or so ago] on charges of conspiracy and false statements and campaign law violations.” The paper previously ran a detailed analysis of some of the legal … Read more
I wrote a paper about motor vehicle checkpoints last year. It’s available here. Once in a while, I get asked about so-called ruse checkpoints, a subject that I didn’t address in the paper. A typical ruse checkpoint might work as follows. Officers deploy large, flashing temporary signs on a divided highway that say “drug checkpoint … Read more
The News and Observer reports that the government may seek an indictment against former Senator John Edwards as soon as next week. The case is expected to center around money funneled to Edwards’ mistress by two Edwards supporters, with the government contending that the money amounted to illegal campaign contributions and Edwards claiming that they … Read more
I was asked recently whether a juror can be removed for refusing to deliberate. The case in which the issue arose has concluded, a federal circuit court just weighed in on the issue, and I thought that others might be interested in the law in this area, hence this post. There’s no North Carolina case … Read more
[Editor’s note: Regular readers will notice two changes to the blog today. One, for the first time, my posts have a byline. Two, a photograph of the author now appears next to each post. Both changes are intended to make it more obvious who wrote what, so that questions and comments can be accurately directed, … Read more
The big news nationally this week was the New York arrest and indictment of Dominique Strauss-Kahn on charges that he sexually assaulted a maid at a Manhattan hotel. Prior to his arrest, Mr. Strauss-Kahn was the head of the International Monetary Fund and was widely expected to be the next president of France. The New … Read more
The curtilage of a home is the area “directly and intimately connected with the [home] and in proximity” to it. State v. Courtright, 60 N.C. App. 247 (1983). In other words, it is the area that “harbors the intimate activity associated with the sanctity of a man’s home and the privacies of life.” United States … Read more
Yesterday, the Supreme Court decided Kentucky v. King, a case that addresses — actually, eviscerates — the officer-created exigency doctrine. The facts are as follows: Officers investigating possible drug crimes smelled an odor of marijuana emanating from an apartment door. They banged loudly on the door and announced their presence. They heard people moving inside … Read more