Search and Seizure iPhone App

If you have an iPhone, an iPad, or an iPod touch, you can now download the School of Government’s first smartphone app, a guide to the law of search and seizure called ASSET. (That’s an acronym for Arrest, Search, and Seizure Electronic Tool, but obviously we also hope that the app will be an asset … Read more

News Roundup

I feel like we’re living in East Texas, where summer consists of a long, unbroken string of 100 degree days with high humidity. Lucky for us, there are lots of things we can do indoors to pass the time, like perusing the new electronic version of North Carolina Crimes. It’s a web-based, searchable product, available … Read more

Closing the Courtroom in Sex Crime Trials

A recent decision by the court of appeals illustrates the procedural pitfalls of a common practice: closing the courtroom during the testimony of the victim of an alleged sex crime. This practice is motivated by the best of intentions. The purpose is to spare the victim the embarrassment of discussing the intimate details of a … Read more

News Roundup

Some of you aren’t getting email notifications of new posts. Sorry about that. Our IT folks are working to resolve the glitch, but it may take a little time. I’ll keep you informed. Meanwhile, the world keeps turning. Among the interesting news this week: In a development that is a surprise to exactly no one, … Read more

Cocktail Party Review: The 2012 Legislative Session

Jamie’s post yesterday about the legislature’s amendments to the JRA was great, and absolutely essential for criminal lawyers. Shea’s recent post on the expansion of continuous alcohol monitoring was equally valuable. But, let’s be honest, no one is going to ask you at a cocktail party about changes to the CRV rules for misdemeanants. (Unless … Read more

News Roundup

Over the past several days, the national news has been dominated by the issuance of an investigative report about the Penn State child sexual abuse scandal, a topic I previously addressed here. The report makes clear that football coach Joe Paterno, university president Graham Spanier, and other university leaders were aware of the problem and … Read more

Visual Estimates of Speed and “Slight Speeding”

The Fourth Circuit recently decided United States v. Sowards, an interesting case about a traffic stop. The case arose when an experienced traffic enforcement officer stopped the defendant on I-77 near Charlotte. The basis for the stop was the officer’s visual estimate that the defendant was driving 75 m.p.h. in a 70 m.p.h. zone. During … Read more

Change in Punishment for Second-Degree Murder

Senate Bill 105, which passed both chambers of the General Assembly overwhelmingly and appears certain to become law (either with the Governor’s signature or because of the passage of time without her veto), increases the penalty for most second-degree murders. Second-degree murder is currently a B2 felony, but for offenses committed on or after December … Read more

News Roundup

Apparently the Supreme Court issued some sort of decision this week about broccoli, or health insurance, or something. But it wasn’t all mandates and Medicare: there were several significant criminal law developments in the news this week as well: Governor Perdue vetoed the bill that would have amended, or perhaps effectively repealed, the Racial Justice … Read more

Braswell

Update: The court of appeals has withdrawn this opinion. I’ve had quite a few questions about the court of appeals’ recent decision in State v. Braswell, a case that imposes new procedural requirements on the state in certain misdemeanor appeals. This post will summarize and assess Braswell and will briefly address the prospects for further … Read more