June 5, 2017
Some offenses can be proved by alternative theories. For example, impaired driving occurs when a person drives while (1) while under the influence of an impairing substance, (2) after consuming […]
May 19, 2017
Under G.S. 14-208.16, a registered sex offender may not reside “within 1,000 feet of the property on which any public or nonpublic school or child care center is located.” What’s […]
May 16, 2017
When a group of confederates undertake to commit a series of criminal acts, is there one conspiracy or multiple conspiracies? The case of State v. Glisson, ___ N.C. App. ___, […]
May 15, 2017
I was teaching a class about charging documents recently when the conversation turned to the rule that a charge of resisting, delaying, or obstructing a public officer in violation of […]
May 3, 2017
Last week I blogged about the basic rules for felony murder prosecutions in North Carolina. I promised to return this week with an update on the felony murder rule and […]
April 26, 2017
I can’t be the only person who was surprised to learn in my first year of law school that a person who never intended to kill someone else could be […]
April 12, 2017
Many–perhaps even most–parents paddle, spank, or otherwise use physical force to discipline their children. This kind of discipline is generally viewed by law enforcement officers, prosecutors, and the courts as […]
April 10, 2017
Last week, the Court of Appeals of North Carolina decided State v. Wright, a case that answers an interesting question: Does a defendant commit armed robbery when he takes a […]
March 21, 2017
In State v. Schalow (Dec. 20, 2016), the trial court’s error in declaring a mistrial led to a successful claim of double jeopardy by the defendant and allowed him to […]
February 23, 2017
If a person writes a check and the check bounces, is that enough to charge the person with the misdemeanor offense of writing a worthless check? What about if the […]