A UNC School of Government Blog
A wise man once said that “[e]xcept for death penalty cases, no sentence requires more documentation” than a sentence imposed for the misdemeanor offense of driving while impaired. Ben F. Loeb, Jr. and James C. Drennan, Motor Vehicle Law and The Law of Impaired Driving in North Carolina 81 (Institute of Government 2000 ed.). As … Read more
Jeff previously blogged about multiple assault convictions based on the same conduct, distinguishing double jeopardy issues from statutory interpretation issues. In this post, I will hone in on the statutory interpretation aspect of the analysis. G.S. 14-32.4(b) provides: “Unless the conduct is covered under some other provision of law providing greater punishment, any person who … Read more
According to data from the Division of Community Corrections, 1270 probationers had their probation revoked in December 2010. Of those, 232 revocations were based on new crimes. I’ve written before about some of the issues associated with new criminal charges as a violation of probation, a post you can read here. To sum that post … Read more
In my first post on this topic, I set the stage for a discussion about the constitutionality of remote two-way testimony. In my second post, I explored the legal authority on that issue. In this final post, I will introduce two procedures might allow the State to achieve some of the benefits of remote testimony, … Read more
In my last post, I set the stage for a discussion about the constitutionality of remote two-way testimony. In this post I will explore the authority bearing on that question. Guidance from the United States Supreme Court The question whether remote two-way testimony satisfies the confrontation clause has not been resolved in a … Read more
Since the United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 (2004), interest has been growing in the use of remote testimony as a method to satisfy the confrontation clause. Crawford held that under the sixth amendment’s confrontation clause, testimonial statements by witnesses who do not appear at trial cannot be admitted … Read more
I recently received an email that began “I have been reading in the news that Sheriff Mike Cain of Yadkin County pled guilty to eight misdemeanors. I am curious how the Superior Court had jurisdiction [since the case was not an appeal, but rather one of original jurisdiction].” The author suggested that the answer might … Read more
I’ve written about law enforcement access to electronic communications, both on this blog and, more extensively, in this Administration of Justice Bulletin. One major issue is how and when law enforcement can obtain a suspect’s email from the suspect’s email provider. There are lots of wrinkles, but broadly, there’s a federal statute called the Stored … Read more
The contents of an envelope tucked under the windshield wiper of your car parked on a city street doesn’t seem as ominous as a citation hand-delivered through your driver’s side window by a law enforcement officer illuminated by the flashing blue lights of her police vehicle. But both may land you in district criminal court. … Read more
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 N.C. 535 (1988), the court ordered that charges of impaired driving against defendants in three separate cases be dismissed because the magistrate in each case … Read more