New Resource on Immigration Consequences of a Criminal Conviction
I am excited to announce the release of the 2017 edition of our manual, specific to North Carolina law and practice, on the immigration consequences of a criminal conviction. We […]
October 30, 2017
“Belk’s Department Stores, an entity capable of owning property”
The court of appeals recently decided that an indictment alleging that a defendant stole some shirts from “Belk’s Department Stores, an entity capable of owning property,” did not sufficiently identify […]
October 25, 2017
State v. Mosley, Murder, and Depraved Heart Malice
Darian Mosley’s sentence for second degree murder was vacated last week because the jury did not specify whether he acted with (1) hatred, ill-will or spite, (2) intentionally and without […]
October 23, 2017
New Book on Traffic Stops and Offenses
I’m pleased to announce that the School of Government has just released a new book entitled Pulled Over: The Law of Traffic Stops and Offenses in North Carolina. Shea Denning, […]
September 5, 2017
Domestic Violence Law and Procedure
In getting ready for the North Carolina magistrates’ fall conference and a session that I’m teaching on issuing process in domestic violence cases, I began thinking about the ways that […]
August 29, 2017
Self-Defense and Retreat from Places Where the Defendant Has a “Lawful Right to Be”
Our appellate courts are beginning to issue decisions concerning the impact of the General Assembly’s 2011 changes to North Carolina law on self-defense. A case earlier this summer addressed whether […]
August 29, 2017
Many Questions and a Few Answers about Britny’s Law
This session, the General Assembly passed S.L. 2017-94, which creates a rebuttable presumption that certain domestic violence homicides are premeditated and deliberate and therefore constitute first-degree murder. WRAL explains here […]
August 2, 2017
Counties May Impose Civil Penalties for Passing a Stopped School Bus
Four years ago, the General Assembly increased the criminal fine for passing a stopped school bus and enacted new license revocation and registration hold provisions. During the previous year—2012—there had […]
August 1, 2017
Expanded Expunction Opportunities
In S.L. 2017-195 (S 445), the General Assembly made several changes to North Carolina’s expunction laws. Most importantly, the act expands the availability of relief in two ways: it reduces […]
July 24, 2017
Legislative Changes to Which Prior Convictions Can Support a Habitual Felon Charge
S.L. 2017-176 makes two important changes to which prior convictions can support a habitual felon charge. The legislation (1) clarifies the status of prior convictions from New Jersey and other […]
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