A UNC School of Government Blog
[Editor’s note: Today we welcome Jim Drennan to the blog. Jim has been here at the School of Government for almost 40 years, though he took a couple of years away to serve as the director of the AOC. He was the first director of the Judicial College and knows a thing or two about … Read more
Horses are vehicles, according to our state court of appeals. In State v. Dellinger, 73 N.C. App. 685 (1985), the court upheld the defendant’s conviction for impaired driving based upon his riding of a horse on a street with an alcohol concentration of 0.18. The court reasoned: G.S. 20-171 renders traffic laws applicable to persons … Read more
The New Year is off and running. Yesterday was the day the mandate issued on the Hest Technologies video sweepstakes case, which I previously summarized here. That means that law enforcement could begin charging those in violation of the law – but many sweepstakes operators have changed their software in an attempt to comply with … Read more
Suppose in a robbery case that the State asks the defendant–who does not plan to testify–to stand in the courtroom wearing a mask allegedly worn by the robber. The defense objects on grounds of self-incrimination. How should the court rule? Case law holds that requiring a defendant to stand or otherwise exhibit himself or herself … Read more
Still trying to decide what you should commit to doing in the new year? Regular programming returns tomorrow, but for today, I thought that I would suggest some possible criminal-law-related resolutions: 1. Read Jamie’s book. Jamie’s book on the Justice Reinvestment Act is available for purchase here, but many readers — judges, prosecutors, public defenders, … Read more
I’m off tomorrow, as are most of my co-bloggers, so there won’t be a post then. This marks the beginning of the blog’s annual winter break. We’ll be back on Wednesday, January 2, 2013. Thank you for contributing to the blog this year, whether by reading, commenting, suggesting topics for posts, or all of the … Read more
After I eliminated this offense from the 7th edition of North Carolina Crimes, a few people asked me to add it back in. A statistics report from the N.C. Administrative Office of the Courts shows that in 2011 this crime was charged in 340 cases. That’s not a huge number, but it probably justifies including … Read more
The National Transportation Safety Board (NTSB) thinks states ought to require ignition interlock as a condition of driving for anyone convicted of DWI, including first-time offenders. So does the U.S. Congress. The NTSB made its recommendation last week as part of its report on a special investigation into vehicle crashes occurring as a result of … Read more
Can Durham ban the possession or sale of assault rifles? In the wake of the massacre at Sandy Hook Elementary School, I have been asked several times whether gun regulations may be implemented at the local level. Generally. Generally, the answer is no. Under G.S. 14-409.40, “the regulation of firearms is properly an issue of … Read more
The writing may be on the wall for internet sweepstakes businesses. On Friday, the state supreme court unanimously upheld the constitutionality of G.S. 14-306.4, the statute enacted to target such operations. The principal decision is Hest Technologies, Inc. v. State, __ N.C. __ (2012), written by Justice Hudson. Background. The legislature has been concerned for … Read more