A UNC School of Government Blog
“I wish I knew more about what’s out there.” That was the comment from a thoughtful superior court judge attending a sentencing law class at the School of Government. We were discussing the tremendous legal flexibility the judge has in shaping a probationary sentence (essentially any program related to the defendant’s rehabilitation is permissible under … Read more
When a person is arrested while in possession of drugs and is taken to the jail in handcuffs, may the person properly be convicted of possessing drugs in a confinement facility? The question has divided courts across the country. Last week, a majority of the court of appeals concluded that the answer is yes. State … Read more
Over the years I’ve been asked a bunch of times whether forced self-penetration constitutes a “sexual act” supporting a conviction for forcible sexual offense. Until recently, we had no clear answer in North Carolina. However, the North Carolina Court of Appeals recently addressed the issue, holding that this conduct can support a sexual offense conviction. … Read more
In a post last week, I mentioned that it looks increasingly likely that Supreme Court will grant certiorari in a case considering cell phone searches. In this post, I’ll support that remark by describing two cases in which certiorari petitions have been filed and explaining why each is a strong candidate for Supreme Court review. … Read more
There was a ton of interesting news this week, starting in Union County, where the “district attorney has dismissed cases against 39 people because Monroe police officers failed to provide case files and related work needed for prosecution,” according to this Charlotte Observer article. The article notes that last year, a judge fined the police … Read more
A defense lawyer from another state recently asked me if it was possible to get probation for involuntary manslaughter in North Carolina. It is apparently possible but uncommon in his state, so he was looking to other jurisdictions to craft a sentencing argument in favor of a non-incarcerative sentence for his client. Within seconds, I … Read more
Tucked into the 2013 North Carolina budget bill is a provision imposing new court costs for expert witnesses who testify about chemical or forensic analyses at trial. Specifically, the new law (sec. 18B.19 of the budget bill) provides that upon conviction the trial judge must require a convicted defendant to pay $600 in costs if … Read more
The Ninth Circuit recently decided a case that addresses a question I’ve been asked several times: may the police answer a seized cell phone? The answer may depend on the basis for, and circumstances of, the seizure. On the facts before the Ninth Circuit, the court answered no. The Ninth Circuit case. The case is … Read more
Is it reasonable to believe that the car an impaired driver is operating contains evidence of the DWI? That’s the question law enforcement officers must answer in a post-Gant world before searching the vehicle recently operated by a defendant arrested for DWI and secured outside the vehicle. Review. The United States Supreme Court held in … Read more
There’s a pretty strong argument that the state court system is underfunded. And there’s a pretty strong argument that the federal court system is underfunded. The Judicial Conference of the United States makes the latter pitch in this letter to President Obama, noting that budget cuts have impacted “all aspects of court operations,” including reducing … Read more