Criminal Charges for Random Gunfire
A man in Charlotte was struck by a stray bullet on July 4th. The police say that “it appears that it was not an intentional shooting but that someone . […]
June 30, 2014
Drugged Driving and Jury Instructions
To prove that a person drove a vehicle while under the influence of an impairing substance in violation of G.S. 20-138.1(a)(3), the State must establish that the defendant was impaired […]
June 24, 2014
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 […]
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