A UNC School of Government Blog
The United States Supreme Court recently heard oral argument in the Osborne case, an Alaska case that asks whether a criminal defendant who claims that he has been wrongfully convicted has a constitutional right to postconviction DNA testing of biological evidence. The transcript of the oral argument is available here, and a news story that … Read more
I posted yesterday about one of the recent Court of Appeals decisions. At the risk of going back to the well, I want to highlight another of those cases today. (I’ve got something else in mind for tomorrow.) In State v. Revels, available here, the defendant was convicted of second-degree murder. She appealed, claiming that … Read more
Further Update: The court has reissued an opinion in this case. On the issue discussed below, it is very similar — at a minimum — to the original opinion. Update: As of April 1, 2009, the Court of Appeals has withdrawn this opinion. I’ll post again when the new opinion comes out. The Court of … Read more
The Pew Center on the States just released a new report entitled One in 31: The Long Reach of American Corrections. It’s available here, and a couple of news stories about it are here and here. The title reflects the proportion of American adults that is under some form of “correctional control,” i.e., in prison, … Read more
Because of a case currently pending in Gaston County — story here — several people have asked me about the law as it concerns scaring a person to death. Let me start off with two caveats. First, this post is not a comment on the Gaston County case, about which I know nothing more than … Read more
The Supreme Court (Washington, not Raleigh) has had a bit of a slow February so far, whether because of Justice Ginsburg’s well-publicized health problems or for some other reason. Still, it’s done a couple things of interest to criminal lawyers. First, it adopted a broad interpretation of 18 U.S.C. 922(g)(9), which prohibits people who have … Read more
According to a news article available here, several states are considering eliminating the death penalty as a way to save money. The issue has sparked some interest in the blogosphere, including here and here. In light of the ever-increasing budget shortfall in North Carolina, which will apparently exceed two billion dollars and require cuts of … Read more
North Carolina has a number of different assault crimes, like simple assault, assault on a female, assault with a deadly weapon, and so on. We also have a confusing body of case law regarding the propriety of multiple assault convictions based on a single course of conduct. For example, can a defendant who assaults his … Read more
North Carolina law prohibits convicted felons from possessing firearms. See G.S. 14-415.1. I’ve had several recurrent questions about this offense, so here’s an FAQ about FIP (felon in possession): 1. Doesn’t North Carolina allow felons to possess long guns? Not anymore. North Carolina’s FIP law used to have lots of exceptions, including exceptions for long … Read more
It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continued—a practice virtually unique to North Carolina, at least by that name—varies. The long-running James Johnson case in Wilson concluded last week with a PJC (story here), prompting me to make the first … Read more