A UNC School of Government Blog
Kids do some appalling things. Last week, the court of appeals decided a case involving conduct at a school event that was beyond the pale. But did it rise to the level of a juvenile offense, i.e., a crime? The case is In re M.J.G. It began at a charity volleyball game that was being … Read more
Impaired driving checkpoints work because they scare people—not because they ensnare people. Sure, a few people are arrested for DWI at such checkpoints. But many more are deterred from driving after they’ve had too much to drink because of the perception that they might be subject to a random and surprise stop. In fact, the … Read more
A man who drove his sport utility vehicle into a group of cyclists in Cabarrus County in May 2010, injuring six of them, and drove away without stopping was convicted last year of five counts of felony hit and run inflicting injury and one count of misdemeanor hit and run. The Independent Tribune reported that … Read more
They say the only thing better than having a boat is having a friend with a boat. In my case, that friend is my brother-in-law, who not only has a boat, but also is a stickler for boating safety. That didn’t stop my kids, however, from questioning his every move over Memorial Day weekend. He … Read more
The court of appeals just reversed a defendant’s conviction for possession of a firearm by a convicted felon. It’s a case with interesting facts that raises questions about whether the owner or the driver of a vehicle is responsible for its contents. State v. Bailey began when two Roxboro officers heard several gunshots at an … Read more
Not showing up for court is, generally speaking, bad trial strategy. In criminal court, such behavior can result in such unpleasantness as entry of an order for arrest and the revocation of one’s driver’s license. In civil court, a defendant’s failure to respond can result in a default judgment for the entire sum claimed by … Read more
The North Carolina Court of Appeals in State v. Mulder, 233 N.C. App. 82 (2014), held that punishing a defendant for felony speeding to elude based upon the aggravating factors of speeding and reckless driving while also punishing him separately for those same misdemeanor traffic offenses violated double jeopardy. Facts. The facts in Mulder are disturbing. … Read more
Is it a crime to attempt to drive while impaired? Consider these facts. Suppose a law enforcement officer sees a person stumble to a car outside of a bar, unlock the car, and sit down in the driver’s seat. While the person fumbles with his keys in an attempt to put the correct one in … Read more
The television news magazine 20/20 aired video footage last fall of North Carolina law enforcement officers speeding on Interstate 40 near Raleigh. Reporters followed the police vehicles to determine whether they were chasing a suspect, rushing to a crime scene, or otherwise involved in an emergency. None were. One officer drove directly to a doughnut … Read more
Last year, I wrote a paper about North Carolina’s habitual felon, violent habitual felon, and habitual breaking and entering laws. Around the time the paper came out, the General Assembly passed S.L. 2013-369, a broad bill concerning firearm regulations. The new law adds a new habitual offense, the offense of armed habitual felon. I’ve had … Read more