News Roundup

Well, today is Constitution Day. According to 36 U.S.C. § 106, “[t]he civil and educational authorities of States, counties, cities, and towns are urged to make plans for the proper observance of Constitution Day . . . and for the complete instruction of citizens in their responsibilities and opportunities as citizens.” The law school here … Read more

Sex Offenders Living with Minors, Part I

Every now and then I get a call—usually from a concerned citizen or a prosecutor—asking whether it’s okay for a sex offender to be living in the same residence as a minor. This post summarizes the restrictions on living with minors applicable to registered offenders who are still under supervision by the Department of Correction. … Read more

Can a District Court Judge Sign an Order for Phone Records?

Last year, I published a paper about law enforcement access to phone records and other information about electronic communications. In the paper, I explained that “[a]mong North Carolina judges, only superior court judges may issue court orders for phone records.” As luck would have it, a few weeks later, Congress amended some of the relevant … Read more

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Local Government Authority to Regulate Traffic

[Editor’s note: This post originally appeared here, on the School of Government’s local government blog. For an update on local government authority to regulate cell phone use by drivers, see this post.] Questions frequently arise regarding whether cities and counties may lawfully adopt ordinances regulating traffic. For instance, may a city or county allow the … Read more

News Roundup

According to this report, when United States Supreme Court clerks are looking for commentary about cutting-edge legal issues — like when they’re considering petitions for certiorari — they don’t look at law reviews anymore. They read blogs. I have a new spring in my step today! In other news: 1. The News and Observer reports … Read more

State v. Forte and the Competency of Elderly Witnesses

This week, the court of appeals decided State v. Forte, a case in which the defendant was convicted of exploitation of an elder adult in violation of G.S. 14-112.2 and its predecessor. The case provides a helpful interpretation of some of the key terms in the statute, and it is worth reading for that alone. … Read more

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Boating While Impaired

Labor Day marks the unofficial end of summer around these parts, and I thought I’d mark the occasion with a post related to boating (a favorite summer pastime) and crime (since this is, after all, the criminal law blog).  Specifically, this post discusses the crime of boating while impaired. G.S. 75A-10(b1) prohibits the operation of … Read more

Motor Vehicle Checkpoints

I’ve just finished a paper about motor vehicle checkpoints. It’s available here as a free download. It’s meant as a resource for judges, lawyers, and law enforcement officers, and it includes sections on establishing, operating, and litigating checkpoints. I hope it’s useful, and I’ll be interested in your feedback about it, which you can provide … Read more

News Roundup

There wasn’t enough news last week to justify a news roundup, but there sure was this week: 1. The SBI lab saga continues. The president of the Conference of District Attorneys has called for a moratorium on executions until the issues with the lab are resolved, as discussed here. The Conference is also asking for … Read more