A UNC School of Government Blog
Part I of this post left for another day consideration of whether a defendant who does not speak English may be deemed to have willfully refused a chemical analysis when notice of the implied consent rights is provided only in English and whether providing notice only in English may violate such a defendant’s constitutional rights. … Read more
Several earlier posts a (here, here, and here) address the requirement that a person arrested for an implied consent offense be informed of statutory implied consent rights before being asked to submit to a chemical analysis. Posts (here and here) address the remedy for failure to adhere to these statutory requirements. None of those posts, … Read more
I recently received an email that began “I have been reading in the news that Sheriff Mike Cain of Yadkin County pled guilty to eight misdemeanors. I am curious how the Superior Court had jurisdiction [since the case was not an appeal, but rather one of original jurisdiction].” The author suggested that the answer might … Read more
For me, the biggest recent news is that I broke my finger, had surgery on it, and am now much poorer and all doped up on Percocet. But that might not be such interesting news to you, so check out these recent stories instead: 1. As noted yesterday, the General Assembly is back in session. … Read more
I won’t have time today for a regular blog post, so I’ll just make brief mention of something I’ve been meaning to blog about for a week or two, ever since a reader alerted me to it. Over the last couple of months, the court of appeals has decided two post-Gant search incident to arrest … Read more
by Aimee Wall, School of Government faculty member, and Christine Wunsche, Director of the Legislative Reporting Service [Editor’s note: This post appeared today on the School of Government’s local government law blog, and I thought it was worth cross-posting. Although it refers to some subscription-only resources to which many readers of this blog may not … Read more
Most blog readers probably are familiar with G.S. 90-95.1, which sets out the offense of continuing criminal enterprise with respect to drug offenses. I suspect, however, that readers are less familiar with G.S. 14-7.20, which sets out the offense of continuing criminal enterprise for non-drug offenses. Although it was enacted in 1995, the crime is … Read more
[Editor’s note: This post was revised slightly on January 25, 2011, in response to a helpful comment.] Here’s a quiz. Ashley Angel, who is 21 and a senior in college, leaves the library, where she has been diligently studying for mid-term exams for the previous six hours, to drive to a party a few miles … Read more
I love Fridays! Here’s the news of the week: 1. The Youth Accountability Task Force, which was charged by the General Assembly with studying the age at which young offenders should be treated as adults, has released its recommendations. WRAL’s story is here and provides a link to the group’s report. The short version is … Read more
I wrote here about 18 U.S.C. § 922(g)(9), the federal statute that prohibits people who have been convicted of domestic violence misdemeanors from possessing firearms. Federal law also prohibits felons, drug addicts, “mental defective[s],” illegal aliens, and various other groups from having guns. 18 U.S.C. § 922(g). In the wake of District of Columbia v. … Read more