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Court of Appeals in State v. Townsend Beefs Up Prejudice Required for Relief under Knoll

[Author’s note:  State v. Townsend was withdrawn and replaced by a subsequent opinion, available here.  The portion of the opinion discussed below was unchanged by the subsequent opinion.] No one gets relief any more under State v. Knoll—at least not from the court of appeals.  State v. Townsend, decided today, is the latest in a series … Read more

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Be careful what you wish for . . . Kostick further muddles Knoll analysis

The decades-old state supreme court decision in State v. Knoll, 322 N.C. 535 (1988), dismissing charges against three impaired driving defendants, is confusing.  For starters, the Knoll court’s decision hinged in part on its determination that the defendants were unlawfully detained.  Yet the court never even mentioned G.S. 15A-534.2—the statute authorizing the detention of impaired … Read more

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Can I Get Some Relief Here?

That’s what I said to my husband during the breakfast hour this morning, while I was working as a short-order cook and waitress for three rather demanding customers (our children). To his credit, he complied and asked how he could help. As a result, I not only got relief, but I got to pick the … Read more