A UNC School of Government Blog
The biggest legal news of the week may be the Supreme Court’s recognition of a right to the effective assistance of counsel during plea bargaining in Lafler v. Cooper and Missouri v. Frye. I previewed Lafler here, and plan to do a detailed analysis of the cases next week. For now, suffice it to say … Read more
Jeff wrote here about State v. Fields, ___ N.C. App. ___ (March 6, 2012), a case in which the officer’s observation of the defendant’s vehicle as moving within its lane “like a ball bouncing in a small room” provided reasonable suspicion for a traffic stop that culminated in an impaired driving charge. Another recent court … Read more
Jessie Smith has completely revised and updated the indispensable reference work North Carolina Crimes. The seventh edition is now available for purchase from the School of Government. The book has its own web page, here, where you can see the Table of Contents and a sample of the text, and can order the book if … Read more
In my experience, the mere mention of the terms “res judicata” and “collateral estoppel” in the classroom setting operates like a blast of intellectual air conditioning, causing mental processes to slow and eyes to glaze, if not to twitch. Notwithstanding this aversion to the concepts, at bottom they are quite simple. Both concepts are rules … Read more
According to the Division of Adult Correction’s (DAC) website, there are about 38,900 people in prison in North Carolina today. That number actually overstates the real population slightly, because it includes the hundred or so people that are in escape status and a handful of others who are being held in other states for one … Read more
There must be some sort of planetary alignment taking place today: Duke, UNC, and NC State all play in the NCAA men’s basketball tournament, the new iPad goes on sale, and best of all, it is time for another news roundup. 1. This week’s headlines center on Forsyth County, because the state supreme court just … Read more
Yesterday, I wrote about a pair of recent cases about weaving within a lane of travel. Today, I want to mention another pair of recent cases related to automobiles. Last month, the court of appeals decided, on the same day, two cases that address the scope of a suspect’s consent to search a vehicle. In … Read more
Two recent cases from the court of appeals have added to our state’s weaving jurisprudence. One of them is a pretty big deal, as I’ll explain below. But first, the background. G.S. 20-146 requires that “[a] vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from … Read more
I ended last week’s post by noting that the date on which a prior impaired driving conviction occurs for purposes of the seven-year-look-back period in G.S. 20-179(c)(1)(a) may not be immediately obvious when a district court conviction for an impaired driving offense has been appealed to superior court and the appeal is later withdrawn. When … Read more
In a post here Jamie discussed whether a defendant who was sentenced under the Fair Sentencing Act (FSA) can successfully bring a motion for appropriate relief asserting that he or she is entitled to “retroactive” application of the provisions of Structured Sentencing Law (SSL). Jamie posited—correctly as it turns out—that the answer to this question … Read more