News Roundup

There was a lot of action at the United States Supreme Court this week. The new Term opened with Heien v. North Carolina, the burned-out brake light case where the legal issue is whether a traffic stop may be based on an officer’s reasonable mistake of law. The oral argument transcript is here, and a good recap of the issues on SCOTUSBlog is here. For those reading the tea leaves, SCOTUSBlog predicts that the Court will affirm the state supreme court and rule that a stop may be based on an officer’s reasonable mistake of law. The Court also heard a case about prison beard policies and religious rights, and granted certiorari on a case that asks whether an officer may extend a lawful traffic stop to ask a few off-topic questions or have a drug dog sniff the vehicle. I may post separately on the latter case. In other news:

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Counsel’s Unconsented-To Admission is Reversible Error, Except When It’s Not

In State v. Harbison, 315 N.C. 175 (1985), the North Carolina Supreme Court held that when defense counsel admits the defendant’s guilt to the jury without the defendant’s consent per se ineffective assistance of counsel occurs. The Harbison Court reasoned that when counsel admits guilt without consent, it is essentially the same as entering a guilty plea on the defendant’s behalf without the defendant’s consent. It concluded: “ineffective assistance of counsel, per se in violation of the Sixth Amendment, has been established in every criminal case in which the defendant’s counsel admits the defendant’s guilt to the jury without the defendant’s consent.” Id. at 180.

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New Cumulative Supplement to Arrest, Search, and Investigation in North Carolina and Recent Cases Since Its Publication

The 2014 Cumulative Supplement to Arrest, Search, and Investigation in North Carolina (4th ed. 2011) is now available. It is called a cumulative supplement because it includes the material in the 2013 supplement so you only need the book and the 2014 cumulative supplement to be current. You may order it online here or contact the School of Government Bookstore Manager at 919.966.4120. Continue reading for additional details.

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Guns at the State Fair

Agriculture Commissioner Steve Troxler has stated that firearms, even those carried pursuant to a concealed carry permit, will be prohibited at the North Carolina State Fair, which opens next week. Grass Roots North Carolina, a gun-rights group, contends that the Commissioner’s policy is unlawful. In the post, I’ll explore the legal issue.

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News Roundup

It has been a crazy week in Raleigh, what with the jail accidentally releasing an alleged sex offender, and a fracas unfolding over concealed carry at the upcoming State Fair. I’m planning to write a post next week on the latter issue, but today I’ve gathered important news about an upcoming Supreme Court case, surprising news about playoff baseball and crime rates, interesting news about sheriffs’ compensation, and an announcement about a new School of Government publication. Check it out!

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Defendant’s Right to Third Party Confidential Records

Suppose Defendant is charged with sex offense against a child. He knows that DSS previously investigated similar allegations made by the child against other people and heard that DSS found those charges to be unfounded. When Defendant subpoenas the records from DSS, the agency moves to quash. Is Defendant entitled to the records? The answer is: Sort of. On these facts, Defendant has a right to have the court do an in camera review of the records. If the court finds that they contain favorable, material evidence, it has to be turned over to the defendant. This post outlines the relevant law, which stems from a U.S. Supreme Court case called Pennsylvania v. Ritchie, 480 U.S. 39 (1987).

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Is Apple Intentionally Crippling Law Enforcement Access to Digital Evidence?

Apple recently announced new iPhones and a new operating system for its mobile devices. Amidst the hubbub, Apple also revealed that the new operating system would render it impossible for Apple to give law enforcement officers access to locked iPhones, even with a search warrant. Many in law enforcement aren’t happy about this, with FBI Director James Comey stating that he can’t understand why companies would “market something expressly to allow people to place themselves beyond the law.” But is that what’s going on?

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New Look and Feel for the Blog

This blog is more than five years old, has had over 3 million visitors, and is still growing. Until today, it has never had a redesign. Starting now, you’ll notice a new look and feel. It’s not a radical departure from the past, but it is a cleaner design, and it is optimized for mobile use. Perhaps … Read more

News Roundup

Nationally, the news of the moment is that Attorney General Eric Holder will resign as soon as a successor is confirmed. California Attorney General Kamala Harris and Manhattan United States Attorney Preet Bharara are among those reputed to be candidates for the position. Holder is keeping busy even as he plans his departure. His resignation … Read more

90-96 for Everything

G.S. 90-96 sets out a conditional discharge option for certain drug offenses. A conditional discharge is different from a deferred prosecution. In a conditional discharge program, the defendant is convicted (either after a trial or by pleading guilty), but then placed on probation without the court actually entering judgment in the case. If the defendant … Read more