A UNC School of Government Blog
Dzhokhar Tsarnaev has been arrested in connection with the Boston Marathon bombings. CNN reports that he “lies in a hospital with a gunshot wound to the side of his neck, sedated and intubated,” but that he could be put on a “sedation holiday” and brought back to consciousness to be questioned. This raises several issues. … Read more
Boston is in chaos. One suspect in the marathon bombings has been killed and the other is on the run. Reports suggest that the two are brothers, of Chechen origin. Other issues seem small by comparison, but nevertheless: 1. Sex offender residence bill passes. SB 23, now S.L. 2013-28, has passed and takes effect immediately. … Read more
The United States Supreme Court decided Missouri v McNeely yesterday, holding that in impaired driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. The high court thus resolved the split among state courts regarding whether its … Read more
Evidence Rule 404(b) allows for the admission of evidence of other crimes, wrongs, or acts for purposes other than propensity, such as proving motive, opportunity, intent, preparation or plan. In a series of posts, I’ll explore common issues that arise regarding Rule 404(b). First up is the bare fact of conviction rule. As a general … Read more
The finish line of the Boston Marathon was rocked by two bombs early yesterday afternoon. At least three people were killed, including an eight-year-old boy, and well over 100 were injured, many very badly. The New York Times story is here. Several hundred North Carolina residents ran the marathon, and at least one was injured … Read more
Suppose that Dan shoots Victor on January 1, and that Victor dies from his wounds, but not until January 3. When a magistrate issues an arrest warrant, or the grand jury returns an indictment, should the date of offense be listed as January 1, the date of the attack? Or January 3, the date of … Read more
I’ve been busy with New Prosecutors’ School this week. As always, it has been humbling and inspiring. But the world didn’t stop turning. Here are some of the week’s top stories: The General Assembly takes on juvenile law. The News and Observer reports here that the legislature is considering a bill that would require judges … Read more
I recently completed a draft of a bulletin on probation violations. It is working its way through our internal review process. In the meantime, I thought I would post it on the blog and open it up for wider comment. There have been many changes in this area of the law in the past 5 … Read more
I recently published a lengthy paper here examining the constitutionality of remote testimony in criminal trials under Crawford and the confrontation clause. In that paper I noted that the North Carolina Court of Appeals has held that Maryland v. Craig procedures for child victims survive Crawford. Maryland v. Craig was a pre-Crawford United States Supreme … Read more
Suppose a police officer patrolling a city street lawfully pulls over a car with out-of-state tags. When the officer asks the driver for his driver’s license, the driver tells the officer: I had a Maryland driver’s license, but it was revoked. May the law enforcement officer properly charge the defendant with driving while license revoked … Read more