A UNC School of Government Blog
Jeff Welty 
It’s been another interesting week. 1. The lead story may be the filing of claims under the Racial Justice Act. When I wrote last week’s news roundup, five inmates had filed for relief. As of this writing, the number seems to be 147 (out of a total death row population of 159). Editorials pro and … Read more
In the recently-completed legislative session, the General Assembly passed several new laws regarding sentencing, corrections, and similar subjects. Frequent blog contributor and School of Government faculty member Jamie Markham has just finished a summary of that legislation. His excellent summary is available, hot off the presses, here. Highlights include Jamie’s analysis of the DNA-collection law; … Read more
As I pulled out of the parking lot after work the other day, I found myself immediately behind a dump truck. On the back of the truck was the following advisory: “Stay Back 300 Feet. Not Responsible for Broken Windshields.” I have often wondered whether such statements have any legal effect. I was particularly curious … Read more
The biggest headlines this week surrounded the confirmation of Elena Kagan as an Associate Justice of the United States Supreme Court. The New York Times has the basics here, and Dahlia Lithwick at Slate has a provocative piece suggesting that we might be in for many, many years of skirmishes between Justice Kagan and Chief … Read more
Suppose that both the local police and the federal Drug Enforcement Administration suspect that Derek is selling drugs. The police are a step ahead, and they arrest Derek and charge him before the federal authorities are able to do so. Derek’s lawyer asks the prosecutor to provide discovery and argues that because the DEA was … Read more
I blogged about judges’ salaries here. An article in the USA Today this morning prompted me to think a little bit about prosecutors’ pay. The article, available here, reports on several state and federal prosecutors’ offices that have “hired” lawyers to work for free. All the offices in question are fully staffed with paid lawyers, … Read more
The top of the news today is that the Attorney General has removed and reassigned SBI director Robin Pendergraft and has at least temporarily stopped the work of “bloodstain pattern analysts” pending further review. The News and Observer has much more detail here. But even before this significant development, the week had been full of … Read more
Rule of Professional Conduct 3.4(b) states that it is improper to “offer an inducement to a witness that is prohibited by law.” Comment 3 to the rule states that “[t]he common law rule in most jurisdictions is that it is improper to pay an occurrence witness any fee for testifying,” though “it is not improper … Read more
Some recent celebrity news has made me think about our extortion statute. The statute is G.S. 14-118.4, and it says: Any person who threatens or communicates a threat or threats to another with the intention thereby wrongfully to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and such person … Read more
I’ve blogged previously about the Britt and Whitaker cases. Britt held that a particular convicted felon retained his right to bear arms under the state constitution, and that G.S. 14-415.1 — which purports to prohibit all felons from possessing firearms — was unconstitutional as applied to him. Whitaker rejected a similar claim made by another … Read more