News Roundup

The New Year is off and running. Yesterday was the day the mandate issued on the Hest Technologies video sweepstakes case, which I previously summarized here. That means that law enforcement could begin charging those in violation of the law – but many sweepstakes operators have changed their software in an attempt to comply with … Read more

New Year’s Resolutions

Still trying to decide what you should commit to doing in the new year? Regular programming returns tomorrow, but for today, I thought that I would suggest some possible criminal-law-related resolutions: 1. Read Jamie’s book. Jamie’s book on the Justice Reinvestment Act is available for purchase here, but many readers — judges, prosecutors, public defenders, … Read more

Holiday Break

I’m off tomorrow, as are most of my co-bloggers, so there won’t be a post then. This marks the beginning of the blog’s annual winter break. We’ll be back on Wednesday, January 2, 2013. Thank you for contributing to the blog this year, whether by reading, commenting, suggesting topics for posts, or all of the … Read more

Supreme Court Upholds Internet Sweepstakes Ban

The writing may be on the wall for internet sweepstakes businesses. On Friday, the state supreme court unanimously upheld the constitutionality of G.S. 14-306.4, the statute enacted to target such operations. The principal decision is Hest Technologies, Inc. v. State, __ N.C. __ (2012), written by Justice Hudson. Background. The legislature has been concerned for … Read more

News Roundup

Three more inmates had their death sentences vacated this week under the Racial Justice Act. Cumberland County Superior Court Judge Greg Weeks, following the reasoning he used previously to void the death sentence for another inmate, ruled that racial discrimination by the State during jury selection required that the defendants be resentenced to life without … Read more

Murder Rates and Medical Progress

The murder rate in North Carolina is falling. The same is true nationally. A recent article suggests that shootings are actually up, but deaths are down due to medical advances. At least the first part of that claim is almost certainly wrong. The chart below illustrates the decline in murders. The article in question is … Read more

News Roundup

Hot sauce, simulated sex, and echoes of the notorious Abu Ghraib prison are allegedly involved in one of this week’s most disturbing stories. Yahoo! News reports here that six inmates from Sampson Correctional Institution claim that prison staff “forced them to perform numerous humiliating acts for the entertainment of guards, including stripping nude and pretending … Read more

Man’s Constructive Possession of the Contents of a Woman’s Purse

May a man be held criminally responsible for the contents of his girlfriend’s purse? Yes, on the facts of State v. Mitchell, the court of appeals ruled yesterday. In Mitchell, an officer stopped the defendant for speeding. The officer ordered the defendant and his girlfriend out of the car. Subsequent events, not highly relevant here, … Read more

Criminal Lawyer Gives a Priceless Gift

This Gallup survey reports that Americans view lawyers negatively. Perhaps the survey respondents should get to know Chris Beechler, a criminal defense attorney from Winston-Salem. This Winston-Salem Journal article describes Chris as a “clothes horse,” an “amateur comedian,” and as a “guy who looks a little bit like Fred Flintstone.” I’ve known Chris for several … Read more