A UNC School of Government Blog
G.S. 14-34.1 makes it a Class E felony to discharge a barreled weapon or firearm into occupied property. The offense is elevated to a Class D felony if the property is an occupied dwelling or occupied conveyance in operation, and to a Class C felony if the defendant causes serious bodily injury. Although the statute … Read more
The court of appeals just decided a case that’s important for officers, as well as lawyers and judges, to know about. The case is State v. Pasour, and it began when officers received a call “that a subject living at [a specific address] had marijuana plants growing with his tomato plants.” The officers decided to … Read more
In Durham, a man who shot at police during a traffic stop, and who was also served with warrants for first-degree sexual offense and other crimes, was given a total bail of $7.8 million. Durham’s chief magistrate told the News and Observer that it is not the highest bail in the county’s history. Readers, what’s … Read more
Child sexual abuse cases raise a bevy of evidence issues. One recurring issue is this: Is it permissible for the State’s expert to testify that sexual abuse in fact occurred? The answer is yes, in certain circumstances. Here are the rules: 1. In a case involving a child victim, an expert may testify that sexual … Read more
I recently heard a police detective say that the internet was the worst thing that ever happened to law enforcement. He explained that before advent of the internet, criminals had to leave their homes to hook up with other criminals. That movement could easily be tracked by the police. These days conspiracies can be hatched … Read more
Some probationers are subject to a curfew—a time each day (usually in the evening or at night) when they are restricted to their residence. Recent changes to the law have generated some questions about curfews. In particular, there appears to be some confusion about whether a curfew can or must be monitored electronically. This post … Read more
As Jessie noted in a previous post, when a prosecutor is making his or her closing argument, “caution should be exercised with regard to all comparisons between the defendant and an animal.” But what if the defendant is an animal? A South Carolina judge recently appointed an attorney to represent a pit bull alleged to … Read more
This week offered a nice mix of serious legal news and comic relief. Let’s start with the serious stuff. The News and Observer ran this story about declining juvenile crime rates. It states in part that “[w]hile overall violent crimes have declined by nearly 14 percent in the state since 2002, the number of teens … Read more
I blogged previously about whether the concept of curtilage applies to multi-unit dwellings like duplexes and apartment buildings. It’s an interesting question, and the cases summarized in the prior post show that the courts aren’t in complete agreement on the issue. I recently had a question on point, and one of the clipping services I … Read more
Former Penn State defensive coordinator Jerry Sandusky was sentenced yesterday to 30 to 60 years in prison on 45 counts of sexually abusing boys. The New York Times has the story here. The sentencing judge could have imposed a much longer cumulative sentence, but said: “I’m not going to sentence you to centuries. It makes … Read more