News Roundup

The legislature is in full swing. H 725, [update: fixed link] a bill that appears to raise the juvenile age to 17, but only for misdemeanors that are not motor vehicle offenses, has passed the House. Its prospects in the Senate are rumored to be uncertain. And H 1078, a bill that would eliminate special … Read more

Updated Traffic Stops Paper Now Available

I realize that the last update was only a few months ago, but I have updated my traffic stops paper again. It now includes a discussion of the United States Supreme Court’s decision in Navarette v. California, __ U.S. __, 134 S.Ct. 1683 (2014) (holding that a motorist’s anonymous 911 call reporting that a particular vehicle had run … Read more

Authenticating Photographs Taken from Social Media Sites

Suppose that the defendant is charged with a gang-related murder. The State seeks to establish that the defendant is a gang member by introducing a photograph that a detective found on the defendant’s Facebook page. The photograph shows the defendant flashing gang signs. The defendant argues that the picture can’t be authenticated, because digital photographs … Read more

News Roundup

Magistrates want mo’ problems. Actually, just mo’ money. By statute, magistrates are supposed to be paid according to a step system, with specific salaries attached to particular lengths of service as prescribed in G.S. 7A-171.1. For several years, though, magistrates have been “frozen” and not allowed to move to higher steps. Now a group of … Read more

Short Preview of the Short Session

Shea noted yesterday that the General Assembly has begun its 2014 session, and she summarized one of the bills that the legislature may take up. This post notes several other significant bills under consideration. Background. In even-numbered years, the legislature has a “short session” during which only certain matters may be considered. The most important … Read more

My Girlfriend’s AK-47

The court of appeals just reversed a defendant’s conviction for possession of a firearm by a convicted felon. It’s a case with interesting facts that raises questions about whether the owner or the driver of a vehicle is responsible for its contents. State v. Bailey began when two Roxboro officers heard several gunshots at an … Read more

News Roundup

This week, the state supreme court heard oral arguments on the retroactivity of Miller v. Alabama, the United States Supreme Court case that ruled that juvenile murderers could not automatically be sentenced to life without parole. WUNC ran a short piece on the issue, consisting mainly of an interesting interview with an attorney from North … Read more

Notable Primary Election Results

The primary election that took place on Tuesday is over and the votes have been counted. Results of note for those involved in the criminal justice system include the following: Supreme Court. The race for Justice Hudson’s seat on the Supreme Court will be between Justice Hudson and Judge Levinson. Jeannette Doran was eliminated from … Read more

Smart Guns

On balance, Americans like freedom, choices, and guns. It would seem to follow that Americans would support a free market that gives us an array of choices among guns. Yet some gun rights advocates are pressuring gun dealers not to sell so-called smart guns, which can “recognize” their owners and can only be fired by … Read more

News Roundup

Los Angeles Clippers owner Donald Sterling made some racist remarks to his girlfriend, she recorded them, and they were leaked on the internet. This appears likely to cost Sterling the ownership of his team, but he bought it for $12 million and will sell it for $1 billion, so he will be able to dry … Read more