Combining Drug Quantities
I’ve recently been asked several variants of this question: If a suspect sells drugs to an undercover officer on multiple occasions over a few days or weeks, can the drug […]
February 5, 2015
Reportable Kidnapping
In the course of robbing a convenience store, a man restrains a 17-year-old clerk. Suppose the parties work out a plea to second-degree kidnapping. Everything is fine until the judge […]
February 3, 2015
The Doctrine of Recent Possession
Recently a caller asked: Does the fact that the defendant was found in possession of goods five days after they were stolen create an inference that he stole them? The answer: […]
January 14, 2015
Are Driver’s License Revocations on the Agenda?
The 2015 North Carolina General Assembly convened earlier today, with new members sliding into place just as the first ice storm of the winter left the area. And while most […]
January 12, 2015
Sex Crimes and Penetration
In the recent court of appeals case In re J.F., ___ N.C. App. ___, ___S.E.2d ___ (Nov. 18, 2014), the defendant argued that penetration is an essential element of sexual […]
January 7, 2015
Failing to advise a defendant of his implied consent rights requires suppression of the test results . . . except when it doesn’t
In opinions spanning four decades, North Carolina’s appellate courts have suppressed chemical analysis results in impaired driving cases based on statutory violations related to their administration. When the violation consists […]
December 17, 2014
DWLR + DWI Does Not (Automatically) Equal a Grossly Aggravating Factor
Author’s note: The law was amended in 2015 to alter this analysis. The amendments are discussed here. Grossly aggravating factors matter in DWI sentencing. And there’s one factor that seems […]
December 11, 2014
Go Ahead, Test Me
Most people stopped on suspicion of impaired driving would rather avoid the trip to the police station. Some suspects attempt to dispel officers’ suspicions by answering questions about whether they have been […]
November 17, 2014
Felon in Possession and Felony Murder
Thirteen-year-old Nathan Clark and his teammates traveled from Winston-Salem to Raleigh last Friday night to play in a weekend soccer tournament. The team never took the field. As Clark slept […]
November 13, 2014
Parental Discipline: When Is It Abuse and/or a Crime?
[Update, May 2016: In this post on the SOG’s civil blog, Sara discusses two new appellate cases concerning the definition of abuse in the child discipline context.] [Editor’s note: Today’s […]
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