A UNC School of Government Blog
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
The Supreme Court of the United States recently granted certiorari in a case originating out of North Carolina. United States v. McNeill, 598 F.3d 161 (4th Cir. 2010), cert. granted, 2011 WL 48124 (U.S., Jan. 7, 2011). The defendant in the case, Clifton McNeill, pled guilty to gun and drug crimes in federal court. The … Read more
Suppose John Jones shoots Victim. Sam Smith, who had nothing to do with the shooting, witnesses the event. In order to help Jones escape and avoid prosecution, Smith drives Jones from the scene to a hideout. Victim dies the next day. Can Smith be convicted of accessory after the fact to the murder? According to … Read more
There have been a number of interesting stories in the news this week. 1. The national focus has been on Tucson, Arizona, where Jared Loughner is being held without bail on federal charges related to the shooting of Congresswoman Gabrielle Giffords and the killing of federal district court judge John Roll, among others. There are … Read more
Federal law makes it illegal for a person to possess a gun after having been “convicted in any court of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). A “misdemeanor crime of domestic violence” is a misdemeanor that “has, as an element, the use or attempted use of physical force, or the threatened … Read more
The court of appeals decided State v. Dewalt last week, holding that the aggravating factor of driving while license revoked, when used to elevate misdemeanor speeding to elude arrest to a felony offense pursuant to G.S. 20-141.5(b)(5), does not require proof that the defendant drove on a street or highway. The facts of the case, … Read more