A UNC School of Government Blog
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
The General Assembly convened earlier today for its short session. While lawmakers’ primary focus doubtless will be the state budget, the legislature may again consider ways to address the persistent problem of impaired driving. Among the bills eligible for consideration this session is House Bill 41, which would amend the State’s license restoration laws to … Read more
The court of appeals just reversed a defendant’s conviction for possession of a firearm by a convicted felon. It’s a case with interesting facts that raises questions about whether the owner or the driver of a vehicle is responsible for its contents. State v. Bailey began when two Roxboro officers heard several gunshots at an … Read more
When I talk about the “commit no criminal offense” probation condition, it’s almost always about one particular issue. May a pending charge (or even uncharged conduct) be considered as a violation of that condition? Or must there be a conviction for that offense before it may be considered? I talk about that issue at length … Read more
This week, the state supreme court heard oral arguments on the retroactivity of Miller v. Alabama, the United States Supreme Court case that ruled that juvenile murderers could not automatically be sentenced to life without parole. WUNC ran a short piece on the issue, consisting mainly of an interesting interview with an attorney from North … Read more
The primary election that took place on Tuesday is over and the votes have been counted. Results of note for those involved in the criminal justice system include the following: Supreme Court. The race for Justice Hudson’s seat on the Supreme Court will be between Justice Hudson and Judge Levinson. Jeannette Doran was eliminated from … Read more
The most serious level of misdemeanor DWI is Aggravated Level One, which I generally refer to as Level A1. A defendant convicted of driving while impaired is subject to sentencing at Level A1 if three or more grossly aggravating factors apply. G.S. 20-179(c). Typically, defendants sentenced at this level are repeat offenders, though it is … Read more