A UNC School of Government Blog
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
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