A UNC School of Government Blog
I’m traveling today so I’ll round up the news a bit more briefly than usual: Court of appeals remands lethal injection case. The News and Observer reports here that the court of appeals has remanded a challenge to the state’s lethal injection protocol to superior court for further consideration. Executions likely will remain on hold … Read more
The decades-old state supreme court decision in State v. Knoll, 322 N.C. 535 (1988), dismissing charges against three impaired driving defendants, is confusing. For starters, the Knoll court’s decision hinged in part on its determination that the defendants were unlawfully detained. Yet the court never even mentioned G.S. 15A-534.2—the statute authorizing the detention of impaired … Read more
Last session, the General Assembly added a new subsection to the principal pretrial release statute, G.S. 15A-534. The new provision took effect on December 1, 2013, and has proven to be extremely frustrating to magistrates. It also raises some legal issues. The provision states: When conditions of pretrial release are being determined for a defendant … Read more
When a person is convicted and sentenced, the sentence generally starts right away. G.S. 15A-1353(a). The judge can delay the start of the sentence, as discussed in this prior post, but that is the exception to the rule. About the only other thing that can put the brakes on the start of a sentence is … Read more
Rule 804 contains five hearsay exceptions that apply when the declarant is unavailable. I addressed one of them—the residual exception—in a prior post. Another one of the five—statements of family history—rarely arises in the criminal law so I won’t spend any time on it. In this post I’ll tackle two of the Rule 804 exceptions: … Read more
It is ACC tournament time, and basketball competition among North Carolina’s universities is fierce. U.S. News has just released its annual law school rankings, meaning that competition among the state’s law schools is also fierce. Duke takes top honors, cracking the coveted top 10. (Well, tied for number 10, anyway.) UNC and Wake Forest are … Read more
Is it a crime to attempt to drive while impaired? Consider these facts. Suppose a law enforcement officer sees a person stumble to a car outside of a bar, unlock the car, and sit down in the driver’s seat. While the person fumbles with his keys in an attempt to put the correct one in … Read more
As I’ve noted in prior posts, some people just want to serve their time in prison. For one reason or another, they do not want to be on probation. For similar reasons, many defendants do not want to be on post-release supervision. Post-release supervision (PRS), you’ll recall, is a term of supervised release served at … Read more
The court of appeals recently expanded the community caretaking exception to the warrant requirement, entering a national controversy over the proper scope of the doctrine. This post explains the exception and the disagreement about its proper application. Background: United States Supreme Court. The doctrine was first recognized by the United States Supreme Court in Cady … Read more
In earlier posts I covered the major Rule 803 hearsay exceptions, for which unavailability is immaterial. Rule 804 contains additional hearsay exceptions, but they only apply when the declarant is unavailable. What does unavailability mean? The Rule specifies five circumstances when a declarant is unavailable. The sections below explore them. Privilege. A witness is unavailable … Read more