A UNC School of Government Blog
Jeff Welty 
Today, the court of appeals decided State v. Baker. Baker explains when a trial judge is required to make findings of fact when hearing a motion to suppress, and it raises what I think is an interesting search and seizure issue. The facts were as follows. An officer was on patrol near a nursing facility … Read more
The top story of the week is the controversy surrounding the new ban on electronic sweepstakes. I posted about it yesterday, and after my initial post, the Attorney General issued an opinion letter regarding the situation, and announced his intention to appeal a superior court judge’s ruling that held part of the law unconstitutional. But … Read more
I’ve blogged before about the General Assembly’s latest effort to eradicate internet sweepstakes. Because G.S. 14-306.4 went into effect yesterday, I’ve had lots of questions about the law. (I even made a brief television appearance — apparently, my 15 minutes seconds of fame.) My colleague Chris McLaughlin posted about the controversy in this area yesterday … Read more
Last month, the State Bar issued a proposed ethics opinion regarding contact between prosecutors and defense lawyers, on the one hand, and children who are prosecuting witnesses in criminal cases involving allegations of physical or sexual abuse, on the other. The proposed opinion, which is available here, concludes that a lawyer “may not interview a … Read more
I intended to have a deep, substantive post ready for today. But in the press of holiday preparations, I didn’t complete it — and in any case, there’s been some significant criminal law news this week. The top story, of course, is that former governor Easley pled guilty yesterday to a single felony count of … Read more
The court of appeals issued a batch of opinions this week, at least two of which are absolutely fascinating and will be featured on this blog next week. But those opinions were hardly the only big news this week: 1. Adam Liptak, in the New York Times, has an article arguing that the Supreme Court … Read more
Jamie Markham’s famous sex offender flow chart is the best one page reference that money can buy. And it’s free! The latest revision is available here. Jamie has also put together a longer and more comprehensive treatment of the sex offender laws. It covers both sex offender registration and satellite-based monitoring, and as always with … Read more
As always, the past week has seen a tremendous amount of interesting criminal law news. Nationally, the story that has drawn the most attention is the conclusion of the Stephen Hayes murder trial in Connecticut. Apparently, two men invaded the home of a doctor and his family; beat the doctor severely; sexually assaulted his wife … Read more
To be valid, consent to search must be voluntary. Is consent voluntary when given after an officer thrreatens to obtain a search warrant if consent is withheld? Generally, yes. See State v. Kuegel, 195 N.C. App. 310 (2009) (consent to search was given voluntarily even though officer said that if consent was denied he “would … Read more
The biggest news of the past week was, of course, the election. Results for judicial and district attorney races are available here from the State Board of elections. (You have to scroll through some other races to get to them.) The balance of the appellate courts doesn’t look like it’s going to change dramatically, but … Read more