A UNC School of Government Blog
In a bulletin here I wrote about NC’s procedure for post-conviction motions for appropriate relief (MARs). Among other things, that bulletin explains the types of claims that can be raised in a MAR. One of those claims is that “[t]here has been a significant change in law, either substantive or procedural, applied in the proceedings … Read more
Earlier this week, United States Attorney General Eric Holder, speaking to American Bar Association, announced a policy change in how drug cases will be charged in federal court. This post summarizes Mr. Holder’s speech, the policy change it announced, and its likely impact in federal court. It then considers whether the new policy will have … Read more
In a recent case, State v. Fisher, the NC Court of Appeals upheld an involuntary manslaughter based on the defendant’s act of dumping an intoxicated and injured victim, alive but partially clothed, outside in a remote area and in freezing weather and then lying about the victim’s whereabouts. When I sent a summary of the … Read more
One of the newest attractions in downtown Raleigh is the Trolley Pub. Passengers board the open air bar on wheels in the Warehouse District and slowly cruise the city streets, traveling from one watering hole to another by means of the pedal power they supply. In addition to providing the power-source for locomotion, riders provide … Read more
The General Assembly has passed H 937, which awaits the Governor’s signature. It is an omnibus gun bill, following rather closely on the heels of the omnibus firearms bill enacted in 2011, which I covered in part here. Assuming that it becomes law – and I am not aware of any prospect of a veto … Read more
I was on vacation with my family last week, and there’s nothing quite like a drive across our fair state to spur interest in motor vehicle laws. Here are a few of the questions that my clan raised along the way. On Interstate 40 1. When will our six-year-old be able to ride without a booster … Read more
Last week, a Florida jury acquitted George Zimmerman of all charges in connection with the killing of Trayvon Martin. Some are now calling for Zimmerman to be charged federally. In fact, according to the New York Times, “[t]he Justice Department said Sunday that it was restarting its investigation” into the matter. However, I seriously doubt … Read more
Background. In State v. Byrd, 363 N.C. 214 (2009), the state supreme court concluded that an ex parte domestic violence protective order, or DVPO, was not a “valid protective order” for purposes of the sentencing enhancement under G.S. 50B-4.1(d). (As explained in this prior post about Byrd, the enhancement provides that a felony that also … Read more
Nearly two thousand defendants were charged last year with aiding and abetting driving while impaired in violation of G.S. 20-138.1. A defendant aids and abets impaired driving when he knowingly advises, instigates, encourages, or aids another person to drive while impaired and his actions cause or contribute to the commission of the crime. See State … Read more
Drug trafficking offenses can lead to really long sentences, and not just because of the special minimums and maximums that apply to those crimes. Consider this example: My husband and I agree to grow marijuana. We grow and harvest 50 pounds of it. We then arrange to sell it to a street-level distributor. Finally, we … Read more