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 […]
February 20, 2014
Driving While Stoned
The New York Times reported earlier this week that driving under the influence of marijuana is significantly less risky than driving with a blood-alcohol concentration of 0.08. That’s a good […]
February 10, 2014
No Checkpoint Policy? No Checkpoint Evidence.
Regular and well-publicized checkpoints are an important component of the State’s effort to curtail impaired driving. Checkpoints provide specific as well as general deterrence. A handful of impaired drivers typically […]
February 5, 2014
Presumptive Sentences in DWI Cases
Author’s Note: The opinion discussed below was withdrawn on February 4, 2014 and replaced by an opinion discussed here. How can a sentencing factor found by a judge that […]
February 3, 2014
A Multiple Conviction Issue in Kidnapping Cases
In a recent case, State v. Holloman, the North Carolina Court of Appeals held that the trial court erred by convicting the defendant of both first-degree kidnapping and sexual assault […]
January 28, 2014
The Long Arm of the Law is a Bit Longer for DWIs
Local law enforcement officers have a little bit of extra territorial jurisdiction when it comes to investigating impaired driving. That grant of extra territorial jurisdiction (as opposed to extraterritorial jurisdiction, […]
December 16, 2013
The Legal Status of Bestiality
Northwestern University law professor Eugene Kontorovich believes that that bestiality is constitutionally protected private sexual activity, and thinks that a recent federal court ruling supports his claim. This post examines […]
December 11, 2013
The Range of Consequences of a Sex Offender Conviction
For a presentation I did recently on termination of sex offender registration requirements, I decided to see what requirements and restrictions a person is subject to under North Carolina law if convicted of an offense subject to sex offender registration.
November 25, 2013
Sweepstakes Update
I’ve had a number of people ask me what’s going on around the state with internet sweepstakes. Below, I set out what I know, but there’s so much going on […]
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