A UNC School of Government Blog
The North Carolina Supreme Court decided Lee v. Gore last Friday, affirming the court of appeals and holding that DMV lacked authority to revoke the petitioner’s driving privileges pursuant to G.S. 20-16.2 based upon an affidavit that failed to allege that he willfully refused to submit to a chemical analysis. I’ve written about this case … Read more
I’ve written about traffic stops at some length, in this paper. One of the areas in which the law is unsettled is the extent to which officers may engage in investigative activity during the stop that is not related to the purpose of the stop, especially if such investigative conduct prolongs the stop. Here’s what … Read more
Every cell on the felony sentencing grid is divided into three ranges of permissible minimum sentences—mitigated, presumptive, and aggravated. Most defendants (69 percent) are sentenced in the presumptive range, about a quarter (27 percent) are sentenced in the mitigated range, and the remaining 4 percent are sentenced in the aggravated range. At the low end … Read more
Earthquakes, hurricanes, and other natural disasters have been top-of-mind for most North Carolina residents this week. Not for me, though. I have remained focused like a laser beam on tracking criminal law news. 1. I blogged last week about the Durham murder case that was dismissed due to the state’s release of the decedent’s bones … Read more
[Editor’s note: For a discussion of waivers in the context of probation violation proceedings, see Jamie Markham’s recent post here.] In the last batch of N.C. Court of Appeals’ decisions there were two more cases in which convictions were reversed because the trial judge failed to take a proper waiver of counsel. It’s time for … Read more
In addition to enacting the aggravated level one punishment for impaired driving discussed here, the 2011 General Assembly amended the requirements for imposing a Level One impaired driving sentence, effective for offenses committed on or after December 1, 2011. Most readers likely are familiar with the sentencing scheme set forth in G.S. 20-179, which governs … Read more
As I mentioned in a recent post, I really enjoy working with magistrates, in part because of the excellent questions they ask. Here’s one that came up recently: if a person goes into a clothing store, cuts the tags off a jacket, and starts wearing the jacket around the store, can the person be charged … Read more
In North Carolina a probationer has a statutory right to counsel at a probation violation hearing. G.S. 15A-1345(e); G.S. 7A-451(a)(4). The probationer can also waive the right to assistance of counsel and proceed pro se, Faretta v. California, 422 U.S. 806 (1975), but before that can happen the trial court must determine that the waiver … Read more
[Editor’s note: I’m on vacation Friday, so I’m posting this roundup Thursday night.] We welcomed a group of new magistrates at the School of Government this week. I like working with magistrates for lots of reasons, one of which is that they ask a lot of good questions. At least one upcoming blog post will … Read more
The court of appeals recently held that a defendant who was initially unarmed, then stole a weapon from a victim, was properly convicted of armed robbery because the defendant was armed with the weapon that he stole. Sound circular? Read on. First off, the recent case is State v. McMillan. In brief, the evidence suggested … Read more