When Charging Murder, Is the Offense Date the Date of the Attack, or the Date of the Victim’s Death?

Suppose that Dan shoots Victor on January 1, and that Victor dies from his wounds, but not until January 3. When a magistrate issues an arrest warrant, or the grand jury returns an indictment, should the date of offense be listed as January 1, the date of the attack? Or January 3, the date of … Read more

News Roundup

I’ve been busy with New Prosecutors’ School this week. As always, it has been humbling and inspiring. But the world didn’t stop turning. Here are some of the week’s top stories: The General Assembly takes on juvenile law. The News and Observer reports here that the legislature is considering a bill that would require judges … Read more

News Roundup

There’s been way more than the usual amount of interesting criminal law news this week, so let’s dive right in: The General Assembly has been busy. The Senate passed a bill that would, among other things, repeal the Racial Justice Act; it now moves to the House. Meanwhile, the House passed a bill that the … Read more

Is Being a Lawyer a Dangerous Job?

Two prosecutors in Kaufman County, Texas, have been killed in the past two months. A deputy district attorney was murdered two months ago. Two days ago, the elected district attorney was killed, along with his wife. The New York Times has the story here. It’s not completely clear that the two murders were related, though … Read more

News Roundup

Since tomorrow’s a holiday for many, including me, this week’s news roundup comes a day early. The lead story is the apparent crumbling of the video sweepstakes industry. Major software vendor International Internet Technologies has announced that it will immediately cease doing business in North Carolina, so that the company’s owner can turn his full … Read more

Florida v. Jardines: Bringing a Drug Dog to the Front Porch Is a Search

Today, most Supreme Court watchers are focused on the oral argument in the same-sex marriage cases. But the Court also released an important opinion in Florida v. Jardines, ruling that an officer conducts a Fourth Amendment search when he brings a drug dog onto the porch of a house to sniff the front door. Jardines … Read more

News Roundup

This blog passed two million hits this week. It has far surpassed the modest expectations I had when it began. Thanks to everyone who is part of the blog community for contributing to its success. In other news: Bill to allow non-lawyer judges. As the News and Observer notes here, the General Assembly is considering … Read more

The Governor’s Budget

Yesterday, Governor McCrory announced his recommended budget for the next two years. It is available here. Any governor’s budget is really just the beginning of a conversation with the General Assembly, so the proposals below may or may not end up in the final budget. Nonetheless, it’s worth looking at the recommended budget to identify … Read more

Felons and Guns: Update on the Britt Line of Cases

Remember Britt v. State, 363 N.C. 546 (2009), in which the state supreme court ruled that a man with a single, non-violent felony conviction from 1979 had a state constitutional right to possess a firearm, making the felon-in-possession law, G.S. 14-415.1 unconstitutional as applied to him? I blogged about Britt here, but several years have … Read more

News Roundup

The lead story of the week – besides the beginning of the ACC tournament, naturally – is the introduction of S 306, a bill designed to break the logjam in the execution of death sentences by, among other things, addressing concerns about medical personnel participating in executions; allowing flexibility regarding the procedures for lethal injection; and … Read more