Maybe Implied Consent is Real After All
Courts across the country continue to wrestle with whether and how the Supreme Court’s opinion in Missouri v. McNeely, 569 U.S. ___, 133 S. Ct. 1552 (2013), affects the lawfulness […]
April 15, 2014
RJA Oral Argument
The state supreme court heard oral argument yesterday in two cases concerning the Racial Justice Act. In the first case, Superior Court Judge Gregory Weeks struck down the death sentence […]
April 7, 2014
A 2013 Rollback of State Procedural Protections for Defendants
Most folks who are involved in appellate litigation and post-conviction motions know about G.S. 15A-1335. For those who don’t, it is a N.C. statute providing that when a conviction or […]
April 1, 2014
The Authority of Assistant DAs When the Elected DA Resigns
Two elected district attorneys resigned mid-term yesterday: Colon Willoughby in Wake County (to move into private practice), and Jerry Wilson in Watauga and four other mountain counties (citing medical reasons). […]
March 27, 2014
Judges Can’t Sell Girl Scout Cookies . . . and Other Little-Known Ethical Rules
We’re holding a seminar on professionalism and ethics for judges at the School of Government next week so I’ve got judicial canons on my mind. Below are five ethical rules […]
March 19, 2014
Double Bond
Last session, the General Assembly added a new subsection to the principal pretrial release statute, G.S. 15A-534. The new provision took effect on December 1, 2013, and has proven to […]
February 25, 2014
Armed Habitual Felon
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 […]
February 11, 2014
Victim Rights in Juvenile Court
[Editor’s note: We’re excited to welcome our new colleague LaToya Powell to the blog. LaToya’s work at the School of Government focuses on juvenile justice, especially the law of juvenile […]
February 6, 2014
Search Warrants for Meth Labs
I’ve had several questions lately concerning search warrants for meth labs. The basic issue is whether officers who find hazardous chemicals and other dangerous items may destroy them right away, […]
February 4, 2014
G.S. 90-96 Limbo
The Justice Reinvestment Act made conditional discharge under G.S. 90-96(a) mandatory for eligible, consenting defendants. The law was amended last year to make it discretionary again for offenses committed on […]
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