A UNC School of Government Blog
Update: The court of appeals has withdrawn this opinion. I’ve had quite a few questions about the court of appeals’ recent decision in State v. Braswell, a case that imposes new procedural requirements on the state in certain misdemeanor appeals. This post will summarize and assess Braswell and will briefly address the prospects for further … Read more
As I explain in more detail here, notice and demand statutes allow the State to obtain a constitutional waiver of confrontation rights so that forensic lab reports and related items can be admitted without the presence of the preparer. Nevertheless, I get a lot of calls from panicked prosecutors wondering how they are going to … Read more
The biggest news locally this week was the General Assembly’s passage of S 416, which will dramatically alter, if not effectively repeal, the Racial Justice Act. I summarized the bill briefly last week and may have more to say about it if and when it becomes law. For now, it’s on the Governor’s desk, though … Read more
Two earlier posts (here and here) explore whether North Carolina’s implied consent statutes or the U.S. Constitution require that notice of implied consent rights be provided in language that a person speaks or understands. As those posts report, the answer is unclear. There are no North Carolina appellate court decisions on point and courts in … Read more
Every now and then someone asks about the significance of a trial judge’s commission. Just what is a judge’s commission, when is it needed, where does it come from, and what difference does it make? If a question about a commission is ever to arise, it most likely will be in superior court and is … Read more
Drunk drivers have difficulty driving in a straight line. Therefore, police officers frequently stop drivers who are weaving, suspecting them of impaired driving. Until very recently, it seemed that the law was settled that weaving alone could not support a DWI stop. Rather, “weaving plus,” or weaving combined with some other circumstance suggesting impairment, was … Read more
In recent years there has been a spate of cases assessing the sufficiency of the evidence in murder prosecutions where the State’s case is built on circumstantial evidence. A recent decision by the court of appeals in State v. Carver should make prosecutors happy while frustrating the defense. The majority described the facts of Carver … Read more
There were so many significant and interesting stories this week, it’s hard to decide where to begin. But I’ve settled on this USA Today story about federal inmates serving sentences for possession of a firearm by a felon. The problem? The inmates aren’t really felons, at least not under current federal law. Here’s the short … Read more
Under G.S. 15A-1340.50, a judge may issue a permanent no contact order prohibiting a sex offender from coming into contact with the victim of his or her offense. According to the procedure set out in the statute, the prosecutor can, at the defendant’s sentencing for a reportable sex crime, request that the judge issue a … Read more
The U.S. Supreme Court’s new Crawford confrontation clause rule has had significant impact in child victim prosecutions, largely because of problems with getting children to testify. One frequent Crawford question that arises in these cases is: Are a child’s statements to a social worker testimonial? In a paper here, I explore the testimonial analysis and … Read more