A UNC School of Government Blog
As I noted in my last post on Rule 404(b) evidence, even when the evidence is relevant to an issue other than propensity or disposition, admissibility is “constrained by the requirements of similarity and temporal proximity.” State v. Beckelheimer, __ N.C. __, 726 S.E.2d 156, 159 (2012) (quoting State v. Al-Bayyinah, 356 N.C. 150, 154 … Read more
The American Psychiatric Association is about to release the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, commonly abbreviated DSM-V and pronounced “DSM five.” This is important to criminal lawyers because mental health issues are litigated in so many criminal cases, and the DSM is the generally accepted authority on mental health diagnoses. By … Read more
There was lots of news this week about judges new and old, so let’s start with that, then move on to the rest: Jeff Hunt, until now the elected district attorney for district 29B (Henderson, Polke, and Transylvania counties), has been named a special superior court judge. Assistant district attorney Doug Pearson will be the … Read more
How specific does a probation violation report need to be about which condition the probationer allegedly violated? Until last week, I would have said “not very.” A new case from the court of appeals has made me change my answer. The case is State v. Tindall. In it, a woman was ordered to attend a … Read more
Although the number of capitally-tried cases has declined in recent years, capital cases remain important, complex, and hotly contested. So I’m happy to announce that a new edition of the North Carolina Capital Case Law Handbook is now available. I’m the author, though the new edition is built upon the sturdy foundation of the previous … Read more
Suppose that a murder defendant goes by the street name “Hit Man.” The prosecution wants the investigating officer to testify that she received a tip that “Hit Man” committed the crime, and that she knew that the defendant used the nickname “Hit Man.” Defense counsel moves to prohibit all references to the nickname during the … Read more
Even when Rule 404(b) evidence is relevant to an issue other than propensity or disposition, admissibility is “constrained by the requirements of similarity and temporal proximity.” State v. Beckelheimer, __ N.C. __, 726 S.E.2d 156, 159 (2012) (quoting State v. Al-Bayyinah, 356 N.C. 150, 154 (2002)). In this, my fourth post on Rule 404(b) evidence, … Read more
Certainly the most shocking story of the week comes from Cleveland, where Ariel Castro has been charged with abducting three women, sexually abusing them, and holding them captive for ten years. CNN has the basics here. One important legal question is whether Castro could be eligible for the death penalty, based on allegations that he … Read more
It’s been over two years since I recorded my first video blog post. With the help of School of Government multimedia developer Jamar Jones, I prepared another one for today. In it, I try to show how Structured Sentencing is not very structured for many defendants—especially when multiple convictions are sentenced together. I hope you’ll … Read more
Whether a suspect refused to submit to a breath test is a hotly contested issue in many impaired driving cases. That determination is critical to two proceedings: the administrative proceeding to determine whether the person’s license will be revoked as a result of the alleged refusal and the criminal trial at which a refusal may … Read more