A UNC School of Government Blog
My colleague John Rubin recently completed two new papers that may be useful to you. The first is 2009 Legislation Affecting Criminal Law and Procedure. The name pretty much says it all — it summarizes what the General Assembly did last session regarding criminal law. The paper is available free of charge here. The second … Read more
What does it mean to access a computer without authorization? It’s an important question. North Carolina’s computer crime statutes appear at G.S. 14-453 et seq. Among other things, the statutes make it illegal “willfully and without authorization . . . [to] access[] . . . any computer.” The crime of unauthorized access is more serious … Read more
I’ve bumped into a couple recent cases in which law enforcement officers have requested consent to search a car and have received ambiguous responses. (For a discussion of when officers may ask for consent to search during a traffic stop, see this prior post and the linked document.) I thought I’d share the cases and … Read more
Although others may be distracted by tonight’s Duke-UNC basketball game, we at the School of Government remain laser-focused on emerging criminal law issues. And several interesting issues have been in the news lately: 1. The News and Observer reports today on the Wake County hearing concerning Greg Taylor. Taylor was convicted of murder, but the … Read more
A civil case decided by the court of appeals last week, Blackwell v. Hatley, addresses when a witness may testify as to his or her opinion of how fast a vehicle was traveling. In Blackwell, the court held that an accident report prepared by a town police officer estimating the defendant’s speed at the time … Read more
It is a regular condition of probation that a probationer must “commit no criminal offense in any jurisdiction.” G.S. 15A-1343(b)(1). The condition is straightforward enough in theory, but it raises some tricky issues in practice. The main difficulty stems from the question of when a probationer can be said to have “committed” a new criminal … Read more
I just read this article, which cites a new study in support of the claim that “blogging is quickly becoming the thing that un-hip old people do.” Ouch! Apparently, hip young people think blogging is sooooo 2006, and they’ve moved on to social networking sites like Facebook. Of course, things move more slowly here in … Read more
The court of appeals just decided State v. Hernandez, which raises an important and recurrent hearsay issue. Briefly, the facts of Hernandez are as follows: the defendant traveled with his girlfriend, the victim, to her mother’s home. The defendant exhibited jealous behavior towards his girlfriend. His girlfriend told her mother that the defendant was “wanted … Read more
Under G.S. 15A-1341(a1), certain defendants may, with court approval, be placed on probation pursuant to a deferred prosecution agreement. To be eligible for this type of deferred prosecution the defendant must have been charged with a Class H or I felony or a misdemeanor, and the court must make findings that: Prosecution has been deferred … Read more
I’ve been asked several times recently whether an officer who asks a magistrate to issue an arrest warrant and is turned down based on a lack of probable cause can simply go to another magistrate and ask the other magistrate to issue the warrant. The answer is yes. There’s no double jeopardy problem because jeopardy … Read more