A UNC School of Government Blog
My recent paper (here) on the use of remote testimony in criminal cases involving forensic analysts was written in part because of the flood of interest in legislative solutions to Melendez-Diaz. That case held that forensic reports are testimonial and subject to the new Crawford confrontation clause analysis. One slam dunk solution to the Melendez-Diaz … Read more
The top story of the week may be the impending repeal of the Racial Justice Act. On Wednesday, the House voted 77-39, mostly along party lines, in favor of the repeal bill. The Senate previously approved a slightly different version of the bill. It appears that the Senate plans to approve the House version next … Read more
Author’s note: This post has been updated since its initial publication. The original version overlooked G.S. 15A-1340.11(7), a statute that is clearly relevant to the discussion. Do old (as in, pre-1997) impaired driving convictions count toward felony prior record level? My answer is that they probably do—at least back to 1983—but there is no clear … Read more
A caller recently asked this: If a defendant throws another person’s computer against the wall and breaks it, can the defendant be charged with the felony of Damaging a Computer? We probably all agree that this conduct constitutes injury to personal property. The question about the computer offense however sent me running to my book, … Read more
Yesterday the Supreme Court decided a case that one Justice called “perhaps the most important criminal procedure case that this Court has heard in decades.” A bare majority of the Court ruled that the police may take DNA from those arrested for, but not yet convicted of, “serious offense[s].” The case resolves a deep split … Read more
As state crime lab backlogs increase, it takes longer and longer for blood drawn in connection with impaired driving cases to be tested. In some of these cases, the State may opt to proceed to trial without the results. And sometimes defendants are eager to plead guilty before such blood is tested. A defendant who … Read more
There were so many important stories in North Carolina this week that I couldn’t pick just one as the headliner. Without further ado: Racial Justice Act Nears Repeal. A House committee approved S 306 this week. The bill would, among other things, repeal the Racial Justice Act. A vote in the full House is expected … Read more
Two cases this month from the Court of Appeals, one published and one not, offer different perspectives on the meaning of an appeal for a “trial de novo” in superior court. Neither of the cases speaks directly to what a trial de novo is, but they offer an opportunity to think about the difference between … Read more
There’s been quite a buzz lately about Google Glass, a “wearable computer” that looks like a pair of eyeglasses but that uses the lenses as transparent screens to display information to the user. (For example, the user might have CNN headlines constantly scrolling on the edge of the screen, or might have the glasses show … Read more
May a judge delegate to a probation officer the task of setting the amount of restitution owed to a victim? For several reasons, my standard answer to that recurring question is no. The main reason for my answer is the restitution statutes themselves. The law says that restitution should be ordered “when sentencing a defendant,” … Read more