A UNC School of Government Blog
Last August, the court of appeals in State v. Smith, ___ N.C. App. ___, 729 S.E.2d 120, temp. stay granted, __ N.C. __, 731 S.E.2d 179 (mem.) (2012), decided an issue of first-impression related to a drug dog alert and the reasonableness of an ensuing Fourth Amendment search. Since we haven’t yet blogged about Smith, … Read more
A couple of months ago, I blogged about State v. Herman, __ N.C. App. __ (2012), a case in which the court of appeals found a fatal defect in an indictment charging the defendant with being a sex offender unlawfully on a premises in violation of G.S. 14-208.18(a)(2). In a nutshell, the indictment in that … Read more
Under the Justice Reinvestment Act, a probation officer may, through delegated authority, impose a short period of jail confinement in response to a violation of a court-imposed probation condition. The officer may impose up to six days of confinement per month during any three separate months of a period of probation. The time must be … Read more
It’s the first Monday in October, which means that the Supreme Court gets back to business after its summer recess. Among the criminal cases the Court will consider this Term are the following: Missouri v. McNeely. As noted in Friday’s News Roundup, this case asks “[w]hether a law enforcement officer may obtain a nonconsensual and … Read more
I wrote earlier this week about James Ladd, the murderer who recently escaped from a North Carolina prison. Well, he’s been caught, apparently without much fuss: a motorist saw a man running from some woods towards a house and called the authorities, who went to the house and found Ladd crouched in the garage. In … Read more
An Egyptian-American activist/columnist/media personality named Mona Eltahawy was recently arrested in New York while defacing a pro-Israel subway advertisement. The entire incident was captured on video and can be seen here. Over at the Volokh Conspiracy, Professor Orin Kerr focuses on Ms. Eltahawy’s demand that the arresting officer tell her what she was being arrested … Read more
A murderer recently escaped from a North Carolina prison. According to this News and Observer story, the escapee is James Ladd, who was convicted in 1981 of two counts of murder and one count of armed robbery. Mr. Ladd escaped from the minimum-security Tillery Correctional Center in Halifax County on Sunday. He was serving three … Read more
North Carolina’s structured sentencing grid did not change from 1995 to 2009. Since then it has changed twice, once for offenses committed on or after December 1, 2009 (discussed here), and again (under the Justice Reinvestment Act) for offenses committed on or after December 1, 2011. With that recent history in mind, an important first … Read more
In the recent Court of Appeals case, State v. Mason, the trial court erred by sending exhibits to the jury deliberation room over defense counsel’s objection. Although the State got lucky in that the error turned out not to be prejudicial, the decision signals that it’s a good time for a review of the relevant … Read more
The story generating the most interest this week is, in the words of the News and Observer, that “[a] two-year investigation by the U.S. Department of Justice has found that [Alamance County Sheriff Terry Johnson] and his deputies routinely discriminated against Latinos by making unwarranted arrests with the intent of maximizing deportations.” Among other conclusions, … Read more