A UNC School of Government Blog
When a defendant move to dismiss DWI charges based on a violation of his pre-trial release rights, the State’s first response is predictable: Subpoena the magistrate who presided over the defendant’s initial appearance. And in case after case, our appellate courts have considered testimony from magistrates in determining whether a defendant’s rights to pretrial release … Read more
A recent Court of Appeals (here) dealt with the issue of whether the evidence was sufficient to establish premeditation and deliberation in a first-degree murder case (it was). Since that issue arises with some frequency, I’ll address it here. “Premeditation” means thinking about something beforehand, for some length of time, however short; “deliberation” refers to … Read more
Last week I wrote a post about “using up” jail credit that generated some helpful comments. Thanks! I’m hoping for a repeat performance with today’s post, which is about another jail credit issue. A defendant must receive credit for all the time he or she is confined “as a result of the charge that culminated … Read more
Northwestern University law professor Eugene Kontorovich believes that that bestiality is constitutionally protected private sexual activity, and thinks that a recent federal court ruling supports his claim. This post examines the issue briefly. North Carolina law. Bestiality is illegal under G.S. 14-177, which makes it a Class I felony to “commit the crime against nature, … Read more
Yesterday a jury in Wake County convicted Markeith Council, a former detention officer at the Wake County jail, of involuntary manslaughter for killing inmate Shon McClain, who was jailed on misdemeanor charges, after McClain fought the guard. A video shown at the trial shows the much larger Council slamming McClain twice on the concrete floor. … Read more
Law enforcement officers are making more and more use of video surveillance cameras, often mounted on utility poles. Sometimes these cameras are focused on streets or parks, as discussed in this Fayetteville Observer article. Sometimes they are focused on suspects’ residences. (Sometimes, hidden cameras are installed inside residences or other private areas, but such uses … Read more
As of December 1, 2013, there is a new type of driving while license revoked under G.S. Chapter 20. The Old Law. Most violations of G.S. 20-28(a) committed before December 1, 2013 were punishable as Class 1 misdemeanors. Three exceptions applied. The following types of drivers were punished as though they had been convicted of … Read more
Suppose a person is held in jail for 20 days on two pending misdemeanor charges, Charge A and Charge B. For one reason or another, Charge A results in a conviction first and is sentenced to 100 days. Ten days later, the defendant is convicted of Charge B and also sentenced to 100 days on … Read more
The lead story this week is the intersection of college sports and criminal law. Consider (1) former UNC professor Julius Nyang’oro has been charged with obtaining property by false pretenses in connection with an alleged no-show summer school class filled with UNC football players; (2) N.C. State running back Shadrach Thornton has been suspended from … Read more
