May an officer, during a traffic stop, order an occupant out of the stopped vehicle? Into the officer’s vehicle? The law on this question has become unsettled.
Jeff Welty
Searches of Vehicles and Occupants Based on the Odor of Marijuana
May an officer search a motor vehicle based on the officer’s detection of the odor of marijuana coming from the vehicle? May the officer search the occupants of the vehicle? Several recent cases address these questions.
Charging Greater and Lesser-Included Offenses Separately
Is it proper to charge a defendant separately with a greater offense and with a lesser-included offense? For example, is it proper to charge a defendant with robbery and with larceny arising out of the same taking, even though larceny is a lesser-included offense of robbery?
Podcast Update: Episode 5 Now Available
The fifth and final episode of the first season of Beyond the Bench is now available. The episode features Jamie Markham interviewing Anne Precythe, the Director of Community Corrections. She shares interesting thoughts about how the probation system has changed over time and some of the challenges facing the system now. Check it out on the web … Read more
Going “Beyond the Bounds” of Rule 404(b) in a Case Involving the Death of a Child
About a year ago, I wrote about State v. Hembree, 368 N.C. 2 (2015), a case in which the state supreme court reversed a murder conviction based on the State’s excessive use of Rule 404(b) evidence. This month, a divided court of appeals decided a case in the same vein. The case is State v. Reed.
Podcast Update: Episode 4 Now Available
The penultimate episode of the inaugural season of Beyond the Bench is now available! The first half of the episode was produced by Shea, and explores the penalties associated with impaired driving and their effectiveness at addressing the problem. The second half involves me interviewing Jamie about the concept of absconding from probation. We talk about … Read more
Podcast Update: Episode 3 Now Available
The moment you have been anticipating has finally arrived! No, not the start of the Olympics, but the release of Episode 3 of our podcast, Beyond the Bench. It is now available on our podcast website and in the Apple and Android podcast stores. The episode features an interview with Superior Court Judge Carl Fox. … Read more
Update on Jury Trial Waivers
In 2014, North Carolina’s voters approved an amendment to the state constitution. The amendment enabled a criminal defendant charged with a crime in superior court to waive his or her right to a jury trial, and instead have his or her guilt or innocence determined by a judge. I wrote a report about the amendment before it was adopted; I wrote about some of the procedural questions raised by the amendment after it passed; and I wrote about 2015 legislation that changed or clarified the waiver procedures. Now we have an appellate case that addresses two issues pertinent to jury trial waivers, so I thought I’d write about that.
Podcast Update: Episode 2 Now Available
In a previous post, I announced the release of our new podcast, Beyond the Bench. The reaction to the first episode was positive, and I’m happy to say that the second episode is now available. It’s on our podcast website, in Apple’s podcast store, and in the leading Android stores. In the new episode, I … Read more
Vinson, Voisine, and Misdemeanor Crimes of Domestic Violence
The United States Supreme Court recently decided a case about what counts as a “misdemeanor crime of domestic violence” for purposes of the federal statute prohibiting individuals who have been convicted of such crimes from possessing firearms. I’ve had several questions about whether the ruling affects last year’s Fourth Circuit decision holding that North Carolina assaults generally don’t qualify as “misdemeanor crime[s] of domestic violence.” For the reasons set out below, I don’t think the Supreme Court case clearly overrules the Fourth Circuit’s decision.