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January 14, 2013
Happy New Year! I feel like I spent most of 2012 talking about Justice Reinvestment. Let’s start 2013 with a more agreeable subject—like sex offenders. In one of its final […]
READ POST "Portion of Sex Offender Premises Restriction Held Unconstitutional (January 14, 2013)"January 7, 2013
Horses are vehicles, according to our state court of appeals. In State v. Dellinger, 73 N.C. App. 685 (1985), the court upheld the defendant’s conviction for impaired driving based upon […]
READ POST "A Horse Is a Horse, of Course. But Is It Also a Vehicle? (January 7, 2013)"December 20, 2012
After I eliminated this offense from the 7th edition of North Carolina Crimes, a few people asked me to add it back in. A statistics report from the N.C. Administrative […]
READ POST "Going Armed to the Terror of the People (December 20, 2012)"December 18, 2012
Can Durham ban the possession or sale of assault rifles? In the wake of the massacre at Sandy Hook Elementary School, I have been asked several times whether gun regulations […]
READ POST "Local Regulation of Guns (December 18, 2012)"December 17, 2012
The writing may be on the wall for internet sweepstakes businesses. On Friday, the state supreme court unanimously upheld the constitutionality of G.S. 14-306.4, the statute enacted to target such […]
READ POST "Supreme Court Upholds Internet Sweepstakes Ban (December 17, 2012)"December 5, 2012
May a man be held criminally responsible for the contents of his girlfriend’s purse? Yes, on the facts of State v. Mitchell, the court of appeals ruled yesterday. In Mitchell, […]
READ POST "Man’s Constructive Possession of the Contents of a Woman’s Purse (December 5, 2012)"November 27, 2012
In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under […]
READ POST "Sentencing Rules for Rape and Sexual Offense Against a Child by an Adult Offender (November 27, 2012)"November 26, 2012
G.S. 90-95(a)(1) makes it a crime to knowingly sell or deliver a controlled substance to another person. As a general rule, the delivery of marijuana—a Schedule VI controlled substance—is a […]
READ POST "Delivery of a Controlled Substance and the “Pot Exception” (November 26, 2012)"November 20, 2012
WRAL news reported last week that a Selma police officer had been placed on administrative leave after he allegedly handcuffed an emergency room nurse who refused to withdraw blood from […]
READ POST "The Requirement that Medical Providers Withdraw Blood in Implied Consent Cases (November 20, 2012)"October 30, 2012
For as long as I can remember, parents have worried about adulterated Halloween candy, razorblades in apples, and the like. This concern is exaggerated, but not totally unfounded. Snopes states […]
READ POST "Adulterated Halloween Candy (October 30, 2012)"