A UNC School of Government Blog
Jeff Welty 
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
I’m preparing to teach a session during which I’ll cover the use of Rule 404(b) evidence in sexual assault cases. (As most readers of this blog know, Rule 404(b) evidence is evidence of bad acts by the defendant other than the charged offense; such evidence isn’t supposed to be used to show that the defendant … Read more
Several stories appeared this week that may be of interest: 1. The News and Observer ran this article, headlined “Lawyers Take on Net Predator Law,” about defense attorneys’ efforts to challenge G.S. 14-202.5. The statute makes it a felony for a sex offender to “access a commercial social networking Web site where the sex offender … Read more
I recently received an email that began “I have been reading in the news that Sheriff Mike Cain of Yadkin County pled guilty to eight misdemeanors. I am curious how the Superior Court had jurisdiction [since the case was not an appeal, but rather one of original jurisdiction].” The author suggested that the answer might … Read more
For me, the biggest recent news is that I broke my finger, had surgery on it, and am now much poorer and all doped up on Percocet. But that might not be such interesting news to you, so check out these recent stories instead: 1. As noted yesterday, the General Assembly is back in session. … Read more
I won’t have time today for a regular blog post, so I’ll just make brief mention of something I’ve been meaning to blog about for a week or two, ever since a reader alerted me to it. Over the last couple of months, the court of appeals has decided two post-Gant search incident to arrest … Read more
by Aimee Wall, School of Government faculty member, and Christine Wunsche, Director of the Legislative Reporting Service [Editor’s note: This post appeared today on the School of Government’s local government law blog, and I thought it was worth cross-posting. Although it refers to some subscription-only resources to which many readers of this blog may not … Read more