A UNC School of Government Blog
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
Lots of news again this week. 1. The News and Observer ran this story, the opening line of which is “[e]very case former State Bureau of Investigation Agent Duane Deaver touched is now a potential land mine.” It’s an interesting read, and it raises some serious legal issues. Plus, my colleague Jessie Smith is quoted. … Read more
According to this recent article in the ABA Journal, criminal defense lawyers “[i]ncreasingly . . . are asking their clients to wear glasses during jury trials,” believing that juries will be more likely to acquit bespectacled defendants, who they may view as less threatening. One prosecutor characterized the strategy as an “unspoken nerd defense.” The … Read more
A wise man once said that “[e]xcept for death penalty cases, no sentence requires more documentation” than a sentence imposed for the misdemeanor offense of driving while impaired. Ben F. Loeb, Jr. and James C. Drennan, Motor Vehicle Law and The Law of Impaired Driving in North Carolina 81 (Institute of Government 2000 ed.). As … Read more
Normally, field sobriety tests are administered before an arrest is made, as part of an officer’s investigation into a possible DWI. In that case, it’s clear that the officer need not read the driver his Miranda rights before administering the tests. The driver isn’t in custody — he’s just the subject of a traffic stop … Read more
Suppose that A, who has HIV and knows it, has unprotected sex with B, who doesn’t have HIV. A doesn’t warn B. Has A committed a crime? Yes. At a minimum, A has failed to abide by communicable disease control measures. Under G.S. 130A-144(f), “[a]ll persons” are required to comply with control measures. The control … Read more
What a week! The news stories just kept coming. It started off over the weekend, when the News and Observer published this interesting article about upcoming appellate arguments over the state’s “born alive” rule. As the article notes, “[t]he state Supreme Court has said that to convict someone for murder under common law, the victim … Read more
Yesterday, I taught a class on the use of Rule 404(b) evidence in sexual assault cases. During the class, we discussed the general rule against admitting the bare fact of a defendant’s prior conviction. As Jessie discussed here, the basic idea is that even when Rule 404(b) evidence is admissible, if the bad act at … Read more