A UNC School of Government Blog
Jeff Welty 
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
Normally, a law enforcement officer will attempt to develop reasonable suspicion before instructing a person to stop. But what if the officer does not have reasonable suspicion at that point, yet develops reasonable suspicion prior to the suspect’s compliance with the officer’s instruction? For example, suppose that an officer sees a vehicle weaving within its … Read more
I blogged here about In re J.D.B., a juvenile case in which the North Carolina Supreme Court held that a 13-year-old, questioned in an unlocked school conference room by police officers and an assistant principal about the student’s role in several residential break-ins, was not in custody for Miranda purposes. The court stated that “[f]or … Read more
In a previous news roundup, I posted an item about how to write like Chief Justice Roberts. But sometimes a negative example can be as useful as a positive one. In that connection, check out this petition for rehearing filed in the Ninth Circuit. Referring to the panel as a bunch of “slime ball, piece … Read more
If you signed up to receive email notifications of new posts — which you can do in the right-hand column on the front page of the blog — you may have noticed an interruption in service recently. I apologize for that. We had a technical glitch of some kind that removed all our subscribers. Thanks … Read more
One of the clipping services to which I subscribe recently highlighted People v. Assad, __ Cal.Rptr.3d __, 2010 WL 4035491 (Cal. Ct. App. 3 Dist. Oct. 15, 2010). The defendant in Assad was a Syrian man. He tied his twelve-year-old son to his bed and beat him repeatedly and severely with a hose and wooden … Read more
When I first came to the School of Government, I picked a few small areas of law in which I hoped to develop some expertise. One of those areas was the then-new Eyewitness Identification Reform Act. It was enacted in 2007, effective for crimes committed on or after March 1, 2008. S.L. 2007-421. It’s codified … Read more