A UNC School of Government Blog
The State’s failure to accord a defendant his or her statutory implied consent rights as set forth in G.S. 20-16.2 may render the results of any ensuing breath test inadmissible. When a defendant moves to suppress breath test results based on such a violation, questions frequently arise regarding whether the State bears the burden of demonstrating compliance … Read more
This post discusses what may be the single most common error in habitual felon proceedings: having a defendant stipulate, rather than plead guilty, to being a habitual felon. Must plead guilty, not just stipulate. “Being an habitual felon is not a crime but is a status.” State v. Allen, 292 N.C. 431 (1977). Yet a … Read more
I don’t mean to cast aspersions on the Garden State, but it seems like there are a lot of people here in North Carolina with criminal records from New Jersey. Some of those folks are repeat offenders, but an unusual aspect of New Jersey law calls into question the applicability of North Carolina’s habitual felon … Read more
Many veteran prosecutors know the rule, “plead in the conjunctive.” In other words, in an indictment or other charging document, join different theories of the crime with the word “and” instead of the word “or,” even when the statute defining the offense uses “or.” It’s an archaic rule, but it comes up often enough that … Read more
Magistrates walk a tight rope of sorts in setting conditions of pretrial release for defendants charged with impaired driving offenses. In addition to taking into account all of the factors they must consider when setting conditions of pretrial release in any criminal case and setting conditions accordingly, see G.S. 15A-534, magistrates who set conditions of … Read more
Yesterday was Data Privacy Day, making this a good time to recap some recent developments in law enforcement access to email and other electronic communications. Data Privacy Day. You’re probably familiar with it already, but just in case you need a bit of background: Data Privacy Day is an “effort to raise awareness about data … Read more
Kelvin Wilson’s DWI case made the front page of Lawyer’s Weekly last January. Wilson was arrested for impaired driving in Winston-Salem and taken to the hospital. When he physically resisted having his blood drawn, a police officer sat on him to facilitate the extraction. The blood evidence was suppressed (with the State’s agreement) at Wilson’s … Read more
In a post here I discussed a view of the person. In this post I’ll address the more common issue of a jury view. A trial judge may allow a jury view. G.S. 15A-1229(a). Typically it is of a crime scene but it can involve viewing large evidence that cannot be presented in the courtroom, … Read more
Yesterday, the United States Supreme Court decided an important competency case. Let’s start the discussion with a quiz. Which of the following statements is true? a. A trial may be conducted even when a capital defendant is incompetent. b. Federal habeas proceedings may continue even when a petitioner/former capital defendant is incompetent. c. An execution … Read more
G.S. 14-196.3 prohibits “cyberstalking,” which the statute generally defines to mean using electronic communications to threaten, extort, make an abusive or embarrassing false statement about, or repeatedly harass another person. As Jessie noted in this prior post, cyberstalking has become a frequently charged offense. It can be committed by text message, email, Facebook, and other … Read more