A UNC School of Government Blog
They say the only thing better than having a boat is having a friend with a boat. In my case, that friend is my brother-in-law, who not only has a boat, but also is a stickler for boating safety. That didn’t stop my kids, however, from questioning his every move over Memorial Day weekend. He … Read more
Yesterday, the United States Supreme Court decided Hall v. Florida, a case about the death penalty and intellectual disability. It’s an important case with implications for North Carolina. Background. In Atkins v. Virginia, 536 U.S. 304 (2002), the Court prohibited the imposition of the death penalty on mentally retarded defendants. The Court indicated that it … Read more
Last week I wrote about how jails sometimes seek to limit medical expenses by having an inmate released. Today’s post is about the related issue of “refusing” an inmate on the front end when it appears he or she is in need of immediate medical attention. Common scenarios include a person who is injured in … Read more
The legislature is in full swing. H 725, [update: fixed link] a bill that appears to raise the juvenile age to 17, but only for misdemeanors that are not motor vehicle offenses, has passed the House. Its prospects in the Senate are rumored to be uncertain. And H 1078, a bill that would eliminate special … Read more
I realize that the last update was only a few months ago, but I have updated my traffic stops paper again. It now includes a discussion of the United States Supreme Court’s decision in Navarette v. California, __ U.S. __, 134 S.Ct. 1683 (2014) (holding that a motorist’s anonymous 911 call reporting that a particular vehicle had run … Read more
Growing up in North Carolina, the only time I saw toll roads was when my family took a road trip out of state. But now that I’m a middle-aged soccer mom, toll roads are an essential part of my weekend travel from soccer fields in one end of Wake County to another. (I know that … Read more
The county is generally responsible for the cost of emergency medical care for jail inmates. G.S. 153A-224(b). It’s not always clear what constitutes an emergency, but state regulations include things like “severe bleeding, unconsciousness, serious breathing difficulties, head injury, severe pain, suicidal behavior or severe burns.” 10A N.C. Admin. Code 14J.0101(14). The rules also mention … Read more
Suppose that the defendant is charged with a gang-related murder. The State seeks to establish that the defendant is a gang member by introducing a photograph that a detective found on the defendant’s Facebook page. The photograph shows the defendant flashing gang signs. The defendant argues that the picture can’t be authenticated, because digital photographs … Read more
Magistrates want mo’ problems. Actually, just mo’ money. By statute, magistrates are supposed to be paid according to a step system, with specific salaries attached to particular lengths of service as prescribed in G.S. 7A-171.1. For several years, though, magistrates have been “frozen” and not allowed to move to higher steps. Now a group of … Read more
Shea noted yesterday that the General Assembly has begun its 2014 session, and she summarized one of the bills that the legislature may take up. This post notes several other significant bills under consideration. Background. In even-numbered years, the legislature has a “short session” during which only certain matters may be considered. The most important … Read more