News Roundup

The focus in Raleigh this week was mostly on the budget. The Senate released its initial proposal, which differs from the Governor’s. As the News and Observer discusses here, the Senate budget would move the SBI and the Crime Lab from the Attorney General’s control to the Governor’s. Proponents of the move note that the … Read more

Intellectual Disability, IQ Scores, and the Death Penalty

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

News Roundup

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

Updated Traffic Stops Paper Now Available

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

Releasing Jail Inmates to Limit Medical Expenses

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

Authenticating Photographs Taken from Social Media Sites

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

News Roundup

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