A UNC School of Government Blog
Kids do some appalling things. Last week, the court of appeals decided a case involving conduct at a school event that was beyond the pale. But did it rise to the level of a juvenile offense, i.e., a crime? The case is In re M.J.G. It began at a charity volleyball game that was being … Read more
It’s time to post an updated sex offender registration and monitoring flow chart. The new chart is available here. It incorporates the following issues, which were resolved by recent appellate cases. “Final conviction” for registration purposes. As discussed in this prior post, the Supreme Court of North Carolina affirmed the ruling of the court of … Read more
The news this week contained quite a few little oddities. I’m stretched for time so I will set them out briefly. (For a lawyer.) First, Barry Saunders at the News and Observer wrote here about the teenager charged with misuse of the 911 system after she called to report that her parents had taken away … Read more
Impaired driving checkpoints work because they scare people—not because they ensnare people. Sure, a few people are arrested for DWI at such checkpoints. But many more are deterred from driving after they’ve had too much to drink because of the perception that they might be subject to a random and surprise stop. In fact, the … Read more
A recent case from the Supreme Court of North Carolina appears to have relaxed the limits on the use of hearsay at a probation violation hearing. The case also sheds light on the persistent question of whether a pending criminal charge may be considered as a violation of probation. In State v. Murchison, the defendant … Read more
Must a parent testify against his or her child when called as a witness? Conversely, must a child testify against his or her parent? The answer depends on whether there is a parent-child privilege. No North Carolina case, statute, or rule. I couldn’t quickly find a North Carolina case or statute on point. So I … Read more
We’ve already covered lawyer attire on the blog. In fact, that post is one of the most popular we’ve ever had. A recent story has brought juror attire to the fore. According to the Wall Street Journal Law Blog, a federal court in Florida sent two prospective jurors home for violating the court’s dress code. … Read more
Looking for some great beach reading? Look no further than the 2013 Punishment Chart for North Carolina Crimes and Motor Vehicle Offenses by Bob Farb! Available here, it is 129 pages of legal goodness. It contains information about statutory penalties for North Carolina crimes, including which offenses require sex offender registration. The Administrative Office of … Read more
Post bail and skip out on court in North Carolina and chances are that someone other than a law enforcement officer will come looking for you. Bail bondsmen in this state have expansive powers to recapture their principals. Bondsmen may use reasonable force to apprehend a principal—even before a bond is forfeited. See State v. Mathis, … Read more
Entering a sentence is more than a mere recitation of months and years and dollars. A judge has wide latitude to consider all sorts of information at sentencing, and then to make comments about that information when pronouncing judgment. As the Fourth Circuit put it in a leading case, “[t]o a considerable extent a sentencing … Read more