A UNC School of Government Blog
I wrote here about the court of appeals’ decision in State v. Davis, __ N.C. App. __, 702 S.E.2d 507 (2010), granting the defendant a new trial on second degree murder, impaired driving and other charges arising from a fatal hit-and-run committed by the defendant after she had been drinking. Davis determined that expert testimony … Read more
Nationally, the biggest piece of criminal law news this week was that Illinois Governor Pat Quinn signed into law a bill that repeals the death penalty in Illinois. He also commuted the sentences of the fifteen men on death row to life in prison. (All had been sentenced to death since 2000, when then-Governor George … Read more
The News & Observer ran an article last weekend about some of the restrictions on where sex offenders are allowed to live or go. One of the laws mentioned was G.S. 14-208.18(a)(2), which makes it a Class H felony for certain registered sex offenders to “knowingly be . . . [w]ithin 300 feet of any … Read more
I was reading the News and Observer this morning over breakfast and saw this story about jury selection in a Wake County murder case. The thrust of the story will not surprise anyone who has ever tried a lengthy case: At a time when many families are feeling pinched by the recession, prosecutors and defense … Read more
At a recent CLE, Charlotte defense attorney Chris Fialko mentioned that he’s been enjoying Atul Gawande’s book The Checklist Manifesto. Chris is a pretty sharp guy, and I had a plane trip coming up, so I bought the book and read it. I liked it too, and thought it had a few lessons for criminal … Read more
I don’t generally write about pending cases. But the high-profile homicide trial of Raymond Cook has recently wrapped up, and there’s a discrete aspect of the case that I found especially interesting. First, a brief synopsis of the facts: Cook was a physician. After drinking at a country club, then later at a bar, his … Read more
With the General Assembly in session and the Supreme Court in term, each week brings a flood of interesting news. The top story this week was probably the Court’s decision in Michigan v. Bryant, a Confrontation Clause case in which the Court held that a mortally wounded shooting victim’s statements to police about the “identification … Read more
Jeff wrote last June about the North Carolina Supreme Court’s opinion in State v. Ward, which held that the trial court abused its discretion by permitting an expert chemist to identify pills as controlled substances based solely on a visual inspection and comparison with medical literature, as this methodology was not sufficiently reliable pursuant to … Read more
Under G.S. 7A-272(c), the district court has jurisdiction to accept a defendant’s plea of guilty or no contest to a Class H or I felony in certain circumstances. The law extending this limited jurisdiction to the district court came into effect in 1996 (S.L. 1995-725), and it has been used more and more over time. … Read more
[Editor’s note: Sorry there was no post yesterday. I was out of town and had technical trouble that made it impossible to access the blog.] Can a defendant be tried in absentia? In this post, I will answer that question. The Right to be Present at Trial A criminal defendant has a constitutional right … Read more