Trespass and Public Buildings
A person commits first-degree trespass when he or she “without authorization . . . enters or remains . . . in a building of another.” G.S. 14-159.12(a). But aren’t members […]
September 27, 2019
Crimes Covered under the New Victims’ Rights Law
Which crimes are covered under the new victims’ rights amendment and its implementing statute?
September 17, 2019
Sufficiency vs. Admissibility: Drug I.D. after State v. Osborne
In August, the North Carolina Supreme Court weighed in on drug identification once again in State v. Osborne, ___ N.C. ___ (August 16, 2019). I wrote about the earlier Court […]
August 20, 2019
Trapped but not Entrapped? State v. Keller
Back in May, a divided Court of Appeals affirmed the trial court’s ruling that the defendant was not entitled to a jury instruction on entrapment in an online solicitation of […]
August 14, 2019
What’s the Crime When School Bathroom Graffiti Mentions a Bomb?
Author’s note: The opinion discussed below was withdrawn and replaced by In re D.W.L.B, ___ N.C. App. ___ (Sept. 17, 2019). The new opinion concludes, for the same reasons provided […]
August 12, 2019
Shooting an Officer the Bird
Editor’s note: The opinion analyzed in this post was withdrawn shortly after publication and replaced with this opinion reaching the same outcome. Last week, in State v. Ellis, __ N.C. […]
August 6, 2019
Fundamental Principles of Statutory Self-Defense
The common law right to use defensive force in North Carolina rests on three fundamental principles: necessity, proportionality, and fault. Ordinarily, when a person uses defensive force, the force must […]
July 29, 2019
Drug Testing Equipment Isn’t Drug Paraphernalia Anymore
Effective immediately, there is a new exception to G.S. 90-113.22 (possession of drug paraphernalia) and G.S. 90-113.22A (possession of marijuana paraphernalia). Pursuant to S.L. 2019-159, it is “not unlawful” for […]
July 18, 2019
General Assembly Creates New Crime of Death by Distribution
Back in 2017, I wrote about murder charges premised on the unlawful distribution of drugs and what the State must prove to establish a defendant’s guilt. One element the State […]
July 2, 2019
Another Self-Defense Decision on a Troublesome Doctrine
In State v. Harvey, ___ N.C. ___, ___ S.E.2d ___ (June 14, 2019), a five to one majority of the North Carolina Supreme Court affirmed the unpublished decision of a […]
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