Larceny: Spouse vs. Spouse Edition

I was recently asked whether one spouse can properly be charged with larceny for stealing joint property from the other spouse. Apparently, this question comes up frequently with separated spouses. For example, assume that Harry and Sally are separated. Sally lives at the house they formerly shared, and Harry lives in an apartment nearby. If … Read more

The “Explains Conduct” Non-Hearsay Purpose

Most readers of this blog know that hearsay evidence, meaning an out-of-court statement “offered in evidence to prove the truth of the matter asserted,” N.C. R. Evid. 801(c), is presumptively inadmissible. Sometimes the proponent of hearsay evidence can introduce the evidence under one of the exceptions in Rules 803 and 804. But equally often, the … Read more

News Roundup

It’s time to round up some news. First, the News and Observer recently commented on President Obama’s failure to nominate any additional North Carolinians for the Fourth Circuit — a court on which Tar Heels are wildly underrepresented — despite several vacancies. Of course, the White House has been moving rather deliberately on judicial nominations … Read more

Supreme Court Preview

The United States Supreme Court starts its Term each year on the first Monday in October. This year’s Term begins next Monday, October 5! The Court will start off with three straight days of oral argument. (The calendar of cases to be hear the first week is here.) More arguments will follow the next week, … Read more