A UNC School of Government Blog
In a prior post on this topic, I addressed permissible jury argument. In this post and one that follows [editor’s note: coming next week], I address impermissible argument. The courts have identified several types of arguments that are improper. They include: Abusive Arguments. During a closing argument a lawyer may not become abusive. G.S. 15A-1230(a); … Read more
The lead story from last week’s news roundup is back again: Chapel Hill’s ban on using cell phones while driving. It appears from this News and Observer story that Superior Court Judge Orlando Hudson has now granted a preliminary injunction against the ordinance, extending the temporary restraining order he issued previously. A hearing on the … Read more
In prior posts (here and here) I have discussed Structured Sentencing’s limit on consecutive sentences for misdemeanors. The basic rule, set out in G.S. 15A-1340.22, is that the cumulative length of the sentences of imprisonment for consecutive misdemeanor sentences may not exceed twice the maximum sentence authorized for the class and prior conviction level of … Read more
Last summer I wrote this post about amendments to the fourth grossly aggravating factor applicable to sentencing for impaired driving, namely the factor in G.S. 20-179(c)(4) that elevates punishment for driving while impaired with a child in the vehicle. Amendments effective for offenses committed on or after December 1, 2011 render this factor applicable if … Read more
I’ve had a whole bunch of phone calls lately raising the same basic issue: suppose that a prosecutor is aware that an officer has been dishonest or has engaged in other misconduct in the past. Must the prosecutor disclose the officer’s dishonesty or misconduct to the defendant in a pending case in which the officer … Read more
Issues regarding the permissible scope of jury argument are becoming commonplace in N.C. criminal cases. In a series of posts, I’ll address some recurring issues that arise regarding the content of opening and closing arguments. In this first one, I’ll outline the scope of proper jury argument. Two posts that follow will deal with impermissible … Read more
It is still safe – legally speaking – to drive around Chapel Hill while talking on a cell phone. Recall that the town has banned cell phone usage while driving, subject to certain exceptions. The ban was scheduled to go into effect June 1, but the owner of a towing company sued the town alleging … Read more
I’m just getting back to work after a leave of absence, and I’m still getting caught up on some major cases that were decided while I was out. One such case is Florence v. Board of Chosen Freeholders, __ U.S. __, 132 S. Ct. 1510 (2012), the jail strip search case recently decided by the … Read more
A few months ago, I taught a session on DWI sentencing to a group of judges. As part of that session, I reviewed the rules for determining the parole-eligibility of a defendant convicted of impaired driving under G.S. 20-138.1 and sentenced to an active term of imprisonment under G.S. 20-179. The upshot of those rules, … Read more
Today, I wanted to note two timely and interesting items concerning the United States Supreme Court. First, the Court just granted certiorari in Chaidez v. United States, a case that presents the issue of whether Padilla v. Kentucky applies retroactively. Padilla, of course, is the case that requires criminal defense attorneys, in some circumstances, to … Read more