A UNC School of Government Blog
Jeff Welty 
I don’t generally write about pending cases. But the high-profile homicide trial of Raymond Cook has recently wrapped up, and there’s a discrete aspect of the case that I found especially interesting. First, a brief synopsis of the facts: Cook was a physician. After drinking at a country club, then later at a bar, his … Read more
With the General Assembly in session and the Supreme Court in term, each week brings a flood of interesting news. The top story this week was probably the Court’s decision in Michigan v. Bryant, a Confrontation Clause case in which the Court held that a mortally wounded shooting victim’s statements to police about the “identification … Read more
Lots of news again this week. 1. The News and Observer ran this story, the opening line of which is “[e]very case former State Bureau of Investigation Agent Duane Deaver touched is now a potential land mine.” It’s an interesting read, and it raises some serious legal issues. Plus, my colleague Jessie Smith is quoted. … Read more
According to this recent article in the ABA Journal, criminal defense lawyers “[i]ncreasingly . . . are asking their clients to wear glasses during jury trials,” believing that juries will be more likely to acquit bespectacled defendants, who they may view as less threatening. One prosecutor characterized the strategy as an “unspoken nerd defense.” The … Read more
Normally, field sobriety tests are administered before an arrest is made, as part of an officer’s investigation into a possible DWI. In that case, it’s clear that the officer need not read the driver his Miranda rights before administering the tests. The driver isn’t in custody — he’s just the subject of a traffic stop … Read more
Suppose that A, who has HIV and knows it, has unprotected sex with B, who doesn’t have HIV. A doesn’t warn B. Has A committed a crime? Yes. At a minimum, A has failed to abide by communicable disease control measures. Under G.S. 130A-144(f), “[a]ll persons” are required to comply with control measures. The control … Read more
What a week! The news stories just kept coming. It started off over the weekend, when the News and Observer published this interesting article about upcoming appellate arguments over the state’s “born alive” rule. As the article notes, “[t]he state Supreme Court has said that to convict someone for murder under common law, the victim … Read more
Yesterday, I taught a class on the use of Rule 404(b) evidence in sexual assault cases. During the class, we discussed the general rule against admitting the bare fact of a defendant’s prior conviction. As Jessie discussed here, the basic idea is that even when Rule 404(b) evidence is admissible, if the bad act at … Read more
The automatism defense is discussed briefly on page 14 of the current version of North Carolina Crimes. Because I’ve had a couple of questions about it, I thought I’d write about it in a little more detail. Automatism is the “absence of consciousness[, which] not only precludes the existence of any specific mental state, but … Read more
The hottest topic of the week — aside from the gripping Duke/UNC basketball game on Wednesday night — was certainly the hearing in Forsyth County about the constitutionality of the Racial Justice Act, G.S. 15A-2010 et seq. According to this News and Observer report, the state argued that the Act is “too sweeping to apply … Read more