Disorderly Conduct at School — a Case and a Reader Poll
Kids do some appalling things. Last week, the court of appeals decided a case involving conduct at a school event that was beyond the pale. But did it rise to […]
June 19, 2014
Public Service or Obstruction of Justice?
Impaired driving checkpoints work because they scare people—not because they ensnare people. Sure, a few people are arrested for DWI at such checkpoints. But many more are deterred from driving […]
June 5, 2014
May a Separate Count of Hit and Run Be Charged for Each Person Injured?
A man who drove his sport utility vehicle into a group of cyclists in Cabarrus County in May 2010, injuring six of them, and drove away without stopping was convicted […]
May 29, 2014
Boat Excursions Raise the Darndest Questions
They say the only thing better than having a boat is having a friend with a boat. In my case, that friend is my brother-in-law, who not only has a […]
May 13, 2014
My Girlfriend’s AK-47
The court of appeals just reversed a defendant’s conviction for possession of a firearm by a convicted felon. It’s a case with interesting facts that raises questions about whether the […]
April 16, 2014
Avoiding Criminal Charges by Not Coming to Court
Not showing up for court is, generally speaking, bad trial strategy. In criminal court, such behavior can result in such unpleasantness as entry of an order for arrest and the […]
April 10, 2014
Aggravating Factors in Felony Speeding to Elude Statute Are Elements for Purposes of Double Jeopardy
The North Carolina Court of Appeals in State v. Mulder, 233 N.C. App. 82 (2014), held that punishing a defendant for felony speeding to elude based upon the aggravating factors […]
March 13, 2014
Attempting to Drive While Impaired
Is it a crime to attempt to drive while impaired? Consider these facts. Suppose a law enforcement officer sees a person stumble to a car outside of a bar, unlock […]
February 26, 2014
When Officers Are Above the Law
The television news magazine 20/20 aired video footage last fall of North Carolina law enforcement officers speeding on Interstate 40 near Raleigh. Reporters followed the police vehicles to determine whether […]
February 25, 2014
Armed Habitual Felon
Last year, I wrote a paper about North Carolina’s habitual felon, violent habitual felon, and habitual breaking and entering laws. Around the time the paper came out, the General Assembly […]
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