A UNC School of Government Blog
If you’re on my listserv, you know that the NC Supreme Court recently issued several confrontation clause decisions, all dealing with substitute analysts (if you’re not on my listserv, you can sign up here for my case summaries). I’ve previously written (here) about Williams v. Illinois, the US Supreme Court’s most recent confrontation decision on … Read more
The question. Many cases hold that the smell of marijuana provides probable cause to search a vehicle. See, e.g., State v. Greenwood, 301 N.C. 705, 708 (1981); State v. Smith, 192 N.C. App. 690 (2008) (“When an officer detects the odor of marijuana emanating from a vehicle, probable cause exists for a warrantless search of … Read more
Last week the court of appeals decided State v. Nolen, its first absconding “donut hole” case. Pardon the mixed metaphor, but here is the donut hole in a nutshell: The Justice Reinvestment Act said probationers who “abscond” under G.S. 15A-1343(b)(3a) after December 1, 2011 may have their probation revoked. But the absconding condition in G.S. … Read more
I’m rounding up the news today on the theory that for most people, today is the last work day of the week. I know it is for me. Here are some of the week’s top stories: 90-96 program discretionary again. Jamie noted last week that H 641 was “poised to become law,” and indeed, it … Read more
Background. In State v. Byrd, 363 N.C. 214 (2009), the state supreme court concluded that an ex parte domestic violence protective order, or DVPO, was not a “valid protective order” for purposes of the sentencing enhancement under G.S. 50B-4.1(d). (As explained in this prior post about Byrd, the enhancement provides that a felony that also … Read more
Chief Justice Roberts recently noted that the Supreme Court is a “hot bench,” meaning a court that frequently interrupts lawyers’ presentations with questions. Indeed, he suggested that the Court, himself included, has gone too far in that direction, allowing lawyers too little opportunity to say what they deem most important. His remarks on the subject … Read more
Pardon the brevity of this week’s roundup. I’m at a conference today and my blogging capacity is limited. But there were several important and interesting stories this week: 1. Prosecutors are asking the Governor to end the prison system’s policy of allowing certain well-behaved inmates have home visits as they near the end of their … Read more
Nearly two thousand defendants were charged last year with aiding and abetting driving while impaired in violation of G.S. 20-138.1. A defendant aids and abets impaired driving when he knowingly advises, instigates, encourages, or aids another person to drive while impaired and his actions cause or contribute to the commission of the crime. See State … Read more
The Justice Reinvestment Act became law in 2011. S.L. 2011-192. Even before its initial effective date it was amended in 2011 by a technical corrections act. S.L. 2011-412. It was amended again by a clarifications act in 2012, making the changes described here. S.L. 2012-188. Two weeks ago it was amended yet again, effective (in … Read more
My colleagues have published several new papers recently, so I thought I would take a moment to highlight them. Judicial misconduct. In April, Michael Crowell published What Gets Judges in Trouble, which provides an overview of the procedures for disciplining judges, summarizes statistical information about complaints of judicial misconduct, and identifies the types of misconduct … Read more