A UNC School of Government Blog
Jeff Welty 
It was an absolutely fascinating news week. Among the noteworthy stories: 1. In Graham v. Florida, discussed here, the United States Supreme Court held that it is cruel and unusual punishment to sentence a juvenile to life without parole for a non-homicide offense. Several recent cases ask whether Graham marks the outer limit of the … Read more
I’ve been involved in the North Carolina Bar Association for a number of years, and this year, I’m the chair of the Criminal Justice Section. My work with the NCBA fits well with my work at the School of Government, because broadly, both organizations are dedicated to improving the court system and the professionalism of … Read more
My favorite story this week is this report about a proposed ordinance in East Laurinburg. The ordinance “would charge people with indecent exposure if the top of their pants or skirt hangs 3 inches or more below the waistline.” Folks on both sides seems to have put some thought into one-liners about the ordinance, with the … Read more
I’ve had a couple of questions about the same topic recently, so I thought I’d do a quick blog post about it. Our appellate courts have made clear that normally, “it is improper to make reference to the disposition of charges against a codefendant.” State v. Campbell, 296 N.C. 394 (1979). See also State v. … Read more
As the current edition of North Carolina Crimes explains, “[o]bstructing justice consists of any act that prevents, obstructs, impedes, or hinders public or legal justice, and it may take many forms.” Jessica Smith, North Carolina Crimes 451 (6th ed. 2007). The breadth of this common-law offense was recently highlighted by the court of appeals in … Read more
I’ve been at the beach the past couple of days, teaching at conferences. (It’s a tough job, but someone has to do it.) One of the talks I gave was about GPS tracking, so this story about a man who discovered a tracking device on his car and the FBI’s subsequent efforts to retrieve the … Read more
I’ve had a couple of questions lately about whether attempted assault is a crime. Nationally, there appears to be a split of authority on this issue. 6 Am. Jur. 2d Assault and Battery § 11 (noting that “[t]he authorities are in conflict whether an attempt to commit an assault is a criminal offense”); Marjorie A. … Read more
It is hornbook law that “[a] confidential communication between husband and wife is privileged and neither spouse may be compelled to disclose it when testifying as a witness.” 1 Kenneth S. Broun, Brandis & Broun on North Carolina Evidence 419 (6th ed. 2004). See also G.S. 8-57(c). Just today, the court of appeals decided a case … Read more
For some time, I’ve been meaning to do a post about attorney-client confidentiality in extreme circumstances. For example, in this Chicago case, defendant X, who was charged with one murder, admitted to his lawyers that he had also committed another murder, one with which defendant Y had been charged. There was other evidence in the … Read more
Locally, the top story of the week is once again the situation at the SBI lab, which has outsourced some of its DNA analysis to a private lab, and which is without an interim director after retired Judge Gerald Arnold decided not to undertake that task despite previous indications that he would do so. But … Read more