A UNC School of Government Blog
For the first time ever, the North Carolina Prosecutors’ Trial Manual is available to the general public for purchase from the School of Government bookstore. The brand-new Fifth Edition, completely revised by my colleague Bob Farb, is offered here in PDF format. It costs $175 and weighs in at over 950 pages, covering nearly every … Read more
The U.S. Supreme Court recently decided Chaidez v. United States, 568 U.S. __ (Feb. 20, 2013), holding that Padilla v. Kentucky, 559 U. S. ___ (2010), isn’t retroactive. Padilla held that criminal defense attorneys must inform non-citizen clients of the risks of deportation arising from guilty pleas. As I noted in a post here, Padilla … Read more
Yesterday, the Supreme Court decided Florida v. Harris, holding that when a trained and certified drug dog alerts on a vehicle, that normally provides probable cause to search the car, even if there are no records proving that the dog has previously performed well at detecting drugs in the field. I mentioned Harris in my … Read more
Sometimes, after being convicted and sentenced to jail or prison, a defendant asks for a little time to get his or her affairs in order before the sentence begins. Can the court delay the start of the sentence? Under G.S. 15A-1353(a), “[u]nless otherwise specified in the order of commitment, the date of the order is … Read more
In terms of having an impact on a large number of people, the biggest news of the week may be yesterday’s announcement by Transportation Secretary Tony Tata. He proclaimed that the DMV will follow the Attorney General’s advice and will issue driver’s licenses to young illegal immigrants who are protected from deportation under the Deferred … Read more
Can a probation officer arrest a person being supervised pursuant to a deferred prosecution agreement or G.S. 90-96 judgment? I’ve been asked that question a lot lately. I suspect it is coming up more often now that G.S. 90-96 is mandatory for consenting defendants. The short answer, in my opinion, is that when a probation … Read more
One of the livelier issues in last week’s General Assembly was the Senate’s move to abolish 12 of the 15 special superior court judgeships. Senate Bill 10, which would affect important executive branch boards as well, passed the Senate easily and was sent to the House, but questions remain about the authority to cut judges’ … 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
The top of the news this week is SB 10, which appears to have passed the state Senate. (You can see the bill’s progress here.) Readers of this blog will be most interested in section 2.8 of the legislation, which, effective July 1, 2013, would abolish all 12 special superior court judgeships that are not … Read more