G.S. 15A-928: One crime, two charges, one judgment?
Whenever a prior offense “raises an offense of lower grade to one of higher grade and thereby becomes an element” of the current offense (e.g., habitual larceny, habitual misdemeanor assault, […]
August 7, 2018
Defensive Force in the Home
We now have a number of appellate opinions interpreting the defensive force statutes enacted by the North Carolina General Assembly in 2011. In State v. Kuhns, ___ N.C. App. ___ […]
July 18, 2018
Is It Disorderly Conduct? And How Should the School Respond?
Author’s note: The North Carolina Supreme Court reversed the decision of the court of appeals discussed below as to the adjudication for disorderly conduct. In re T.T.E., ___ N.C. ___, […]
July 3, 2018
Expanded Forgiveness of a Criminal Conviction
Earlier this year, I had the opportunity to participate in a national roundtable, sponsored by the American Law Institute and National Conference of State Legislatures, on current and possible approaches […]
June 13, 2018
Got Probable Cause for Impaired Driving?
Two recent North Carolina Court of Appeals opinions help delineate when an officer has probable cause to believe a driver is driving while impaired. In each case, the court of […]
June 6, 2018
Does a No Contact Order Apply While the Defendant Is in Jail?
When setting conditions of pretrial release in domestic violence cases, magistrates and judges often order a defendant not to contact the victim. Those directives clearly apply to a defendant once […]
June 5, 2018
Some Clarity on Self-Defense and Unintended Injuries
Earlier this year, in State v. Gomola, ___ N.C. App. ___, 810 S.E.2d 797 (Feb. 6, 2018), the Court of Appeals addressed a self-defense issue that has sometimes puzzled the […]
May 14, 2018
Is Sports Betting Legal Now? Understanding Murphy v. NCAA
The Supreme Court of the United States decided Murphy v. NCAA today, and the headlines suggest that the opinion has rendered sports betting legal nationwide. The reality is a little […]
May 9, 2018
Brawley, Belk’s, and Charging Crimes in Modern, Southern Style
Belk Department Stores are the Bloomingdales of North Carolina. If someone says they are going to Belk (or, more often, “Belk’s”), you know that they are heading into town to […]
May 1, 2018
A Lose-Lose Situation for “Felonious” Defendants Who Act in Self-Defense
I previously wrote here about the statutory felony disqualification for self-defense in North Carolina, adopted in 2011 by the General Assembly alongside expanded castle protections and clearer stand-your-ground rights for […]
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