A UNC School of Government Blog
Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction? Of course a defendant should not be ordered to pay restitution for a charge on which he or she was acquitted. State v. Bass, 53 N.C. App. 40 (1981) (restitution order for alleged food stamp overpayments was … Read more
I recently blogged about some of the questions that arise in connection with breaking or entering a motor vehicle, e.g., whether one commits that offense if one reaches into the open bed of a pickup truck. I’ve also been asked several questions recently about breaking or entering a building, and specifically, about what counts as … Read more
Last month, the North Carolina court of appeals decided State v. Graves, No. COA09-595 (March 16, 2010), a case involving the defendant’s appeal from his convictions for felony speeding to elude, driving while license revoked (DWLR), reckless driving to endanger, and impaired driving. The court vacated the defendant’s conviction for DWLR on the basis that … Read more
by School of Government Immigration Law Specialist Sejal Zota Is defense counsel constitutionally obligated to inform a noncitizen criminal defendant whether his guilty plea carries a risk of deportation? Yesterday, the United States Supreme Court said yes in a case called Padilla v. Kentucky. In Padilla, the petitioner—a lawful permanent resident (green card holder) for … Read more
Yesterday, the United States Supreme Court decided Berghuis v. Smith, a case in which the defendant claimed that the pool from which his jury was selected was not a fair cross section of the community. In my experience, it is not uncommon for a defendant, particularly a minority defendant, to look at the jury pool … Read more
Some crimes, such as felon in possession of a firearm, include as an element that the defendant has a qualifying prior conviction. When this is the case, the defense may seek to limit the prejudicial effect of the prior conviction by offering to stipulate to its existence and asking the trial judge to preclude the … Read more
The big news at this time of year is usually basketball-related, and Duke’s fantastic win last night to earn a Final Four berth certainly deserves mention. But because not everyone shares my enthusiasm for the Blue Devils, I’ll try to restrain myself and focus mainly on criminal law matters. 1. The News and Observer recently … Read more
Under G.S. 14-56, it is a Class I felony to “break[] or enter[] any . . . motor vehicle . . . containing any . . . thing of value” with the intent to commit larceny or any felony. It sounds straightforward enough, but I was recently asked whether breaking into a toolbox affixed behind … Read more
I’ve been a little under the weather this week, so I thought I’d do a post about communicable diseases. One question that comes up frequently is whether an arrestee can be compelled to be tested for a communicable disease when an officer believes that he may have been exposed to a communicable disease carried by … Read more
No, those aren’t the odds that I’ll finish first in the NCAA tournament pool that I’ll neither confirm nor deny entering. Well, actually, they might be. I thought picking Texas to go to the finals might be a stroke of genius. Not so much. Instead, 2100 to 1 is the average ratio that the concentration … Read more