A UNC School of Government Blog
The Justice Reinvestment Act made conditional discharge under G.S. 90-96(a) mandatory for eligible, consenting defendants. The law was amended last year to make it discretionary again for offenses committed on or after December 1, 2013. S.L. 2013-210. But while it was mandatory, a lot of defendants were placed on probation under G.S. 90-96(a). Naturally, many … Read more
In a recent case, State v. Holloman, the North Carolina Court of Appeals held that the trial court erred by convicting the defendant of both first-degree kidnapping and sexual assault when the sexual assault raised the kidnapping to first-degree. Since the issue is a recurring one, let’s review the rules. A person is guilty of … Read more
There was a mountain of interesting news this week. In Charlotte, CMPD officer Randall Kerrick was indicted for voluntary manslaughter for shooting Jonathan Ferrell. As the Charlotte Observer reports here, the indictment was issued by the second grand jury to consider the case, after the first returned a no true bill. The defense team sought … Read more
I’ve just completed a revision of my paper on the law of traffic stops. It covers both when an officer may make a stop and what an officer may do in the course of the stop. It’s written for judges, lawyers, and officers, and is available here for free. As always, I welcome feedback on … Read more
Last week I took eighteen N.C. Superior Court Judges to Washington, D.C. Among other things, we attended oral argument at the U.S. Supreme Court and were fortunate enough to have a meeting with Justice Scalia. He came to the meeting with no prepared comments and told us to ask questions. Our discussion was wide ranging … Read more
Local law enforcement officers have a little bit of extra territorial jurisdiction when it comes to investigating impaired driving. That grant of extra territorial jurisdiction (as opposed to extraterritorial jurisdiction, which city officers already had) was created by the Motor Vehicle Driver Protection Act of 2006 and codified in G.S. 20-38.2. General Rules. G.S. 15A-402 … Read more
This morning’s New York Times included an opinion piece by Bill Keller entitled America on Probation. It talks about the recent movement away from incarceration as the cornerstone of the American criminal justice system, and the emergence of new community-based supervision strategies that are both cheaper and, advocates argue, more effective. The editorial coincides with … Read more
Pop star Justin Bieber was arrested yesterday morning in Miami Beach after allegedly drag racing a rented Lamborghini through a residential neighborhood while intoxicated. His smiling mug shot has been all over the news. Charged with DUI, Bieber faces up to six months in jail, 50 hours of community service, and a fine of $250 … Read more
From 1995 to 2009, North Carolina had two sentencing grids—one for felonies, one for misdemeanors. That was it. Then the grid was amended in 2009. And 2011 (with special rules for sex offenders). And 2013, for both felonies and misdemeanors. Because you should always use the grid that was in place when the defendant committed … Read more
CNET is reporting that an Ohio man went to a movie theater wearing Google Glass. Halfway through Jack Ryan: Shadow Recruit, an FBI agent approached him, flashed a badge, took his Google Glass, and ordered him out of the theater. Several agents questioned the man about whether he was recording the film, which the man … Read more