A UNC School of Government Blog
The budget is done, the Senate has adjourned, and the House will adjourn this morning. I’ve already posted about one aspect of the budget, here, but it is hundreds of pages long and includes other significant provisions, including (1) closing four prisons (Duplin, Robeson, Bladen, and Wayne), and Western Youth Institution, (2) funding “19 new … Read more
Sentences for criminal contempt may be suspended. That has been understood as a matter of case law for a while, see Bishop v. Bishop, 90 N.C. App 499 (1988), and it became clear as a matter of statute for some contemnors in 2009 with the addition of G.S. 5A-12(a)(3), S.L. 2009-335. That subdivision allows a … Read more
The General Assembly has passed H 937, which awaits the Governor’s signature. It is an omnibus gun bill, following rather closely on the heels of the omnibus firearms bill enacted in 2011, which I covered in part here. Assuming that it becomes law – and I am not aware of any prospect of a veto … Read more
The legislature has agreed on a budget, and it contains some provisions that will impact misdemeanor sentencing and the appointment of counsel — potentially in tens of thousands of cases each year. Status of the budget. The current budget bill is S 402. It is available here. The accompanying “money report,” which provides narrative explanations … Read more
(Editor’s note: Jamie Markham is a co-author of this post.) Level A1 DWI. The General Assembly created Aggravated Level One sentencing for misdemeanor impaired driving in 2011. See S.L. 2011-191 (enacting G.S. 20-179(f3)). Level A1 sentences require a term of imprisonment that includes a minimum term of 12 months and a maximum term of not … Read more
A North Carolina judge made the national news recently because of the sentence she imposed on a young woman who pled guilty to being drunk and disruptive and to resisting an officer. Halifax County Chief District Court Judge Brenda Branch gave 21-year-old Tonie Marie King a suspended sentence and ordered her to write a two-page … Read more
Law enforcement use of automated license plate readers has become very widespread. It raises several interesting legal and practical issues which I briefly explore below. What are they? License plate readers are electronic devices – basically, enhanced cameras – that scan each passing car, detect the license plate, read it, and record it. The devices … Read more
I was on vacation with my family last week, and there’s nothing quite like a drive across our fair state to spur interest in motor vehicle laws. Here are a few of the questions that my clan raised along the way. On Interstate 40 1. When will our six-year-old be able to ride without a booster … Read more
There are frequently asked questions, and then there are very frequently asked questions. Regarding Justice Reinvestment, there has been no more frequently asked question than this: Can you appeal a CRV? We learned this morning that you cannot. The court of appeals held in State v. Romero that there is no right to appeal from a … Read more
Last week, a Florida jury acquitted George Zimmerman of all charges in connection with the killing of Trayvon Martin. Some are now calling for Zimmerman to be charged federally. In fact, according to the New York Times, “[t]he Justice Department said Sunday that it was restarting its investigation” into the matter. However, I seriously doubt … Read more