A UNC School of Government Blog
I recently finished an Administration of Justice Bulletin about the habitual felon, violent habitual felon, and habitual breaking and entering laws. It’s a substantial expansion and revision of a paper I wrote in 2008. I creatively named it North Carolina’s Habitual Felon, Violent Habitual Felon, and Habitual Breaking and Entering Laws. It’s available here, for … Read more
The DWI blood test backlog at the state crime lab has started to receive media attention. TheWinston-Salem Journal recently ran this editorial, arguing that the situation is “unacceptable” and reflects a “management failure by the state.” The piece notes that the lab has trouble retaining analysts, who often receive more lucrative offers in the private … Read more
The line between a consensual encounter and a seizure can be blurry. Generally, there is no seizure when an officer simply approaches a person and asks the person a question. But there is a seizure when an officer approaches a person with a show of authority that would make a reasonable person feel that he … Read more
The North Carolina Court of Appeals decided its first breath-testing source code case yesterday. The court in State v. Marino affirmed the trial court’s determination that the defendant had no right to examine the source code for the Intoximeter EC IR II, the instrument used to analyze his breath alcohol concentration after he was arrested … Read more
North Carolina’s ban on accessing commercial social networking sites by sex offenders is unconstitutional on its face, the court of appeals held this morning in State v. Packingham. Under G.S. 14-202.5, it is (was?) a Class I felony for any registered sex offender to access a commercial social networking web site where the offender knows … Read more
In a bulletin here I wrote about NC’s procedure for post-conviction motions for appropriate relief (MARs). Among other things, that bulletin explains the types of claims that can be raised in a MAR. One of those claims is that “[t]here has been a significant change in law, either substantive or procedural, applied in the proceedings … Read more
The top story of the week may be that the SBI “and its insurers have agreed to pay $12.475 million to two innocent men who spent a total of 31 years behind bars,” as reported in this News and Observer story. The men in question are Floyd Brown and Greg Taylor. The latter was exonerated … Read more
North Carolina’s special sentencing rules for drug trafficking are tough. A recently revised summary of those rules is available here. They include mandatory imprisonment and fines that go well beyond the sentence for a crime of comparable offense class on the regular Structured Sentencing grid. A first-time offender convicted of Class G sale of a … Read more
Earlier this week, United States Attorney General Eric Holder, speaking to American Bar Association, announced a policy change in how drug cases will be charged in federal court. This post summarizes Mr. Holder’s speech, the policy change it announced, and its likely impact in federal court. It then considers whether the new policy will have … Read more
What is the basis for the indefinite license revocation reflected in the driving record entry below? A. A revocation under G.S. 20-24.1 for failure to appear for a motor vehicle offense. B. A revocation under G.S. 20-24.1 for failure to pay a fine, penalty or court costs ordered by the court upon conviction of a … Read more