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 […]
October 27, 2014
Ebola, Quarantines, and Criminal Law
Ebola’s been in the news lately, with several infected individuals on American soil. New York and New Jersey have begun to quarantine individuals arriving from West Africa who have had […]
October 20, 2014
Summary of the 2014 Legislative Session
I’ve been meaning to highlight this for some time now: the School of Government’s annual summary of legislation of interest of court officials is available here as a free PDF. It […]
October 16, 2014
Goin’ to the Courthouse and We’re Gonna Get Married
The impediments to same-sex marriage in North Carolina have fallen like dominos over the past ten days. On Monday, October 6, the United States Supreme Court denied certiorari review in […]
September 30, 2014
A Young Man with a Long History of Driving While Impaired
Rabah Samara, the young man who took the wheel of the Cadillac after it crashed into and killed sports reporter Stephen Gates as he was changing a tire on I-40 in […]
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