Concealment in Plain Sight?
As I mentioned in a recent post, I really enjoy working with magistrates, in part because of the excellent questions they ask. Here’s one that came up recently: if a […]
August 18, 2011
Armed Robbery by an Unarmed Defendant
The court of appeals recently held that a defendant who was initially unarmed, then stole a weapon from a victim, was properly convicted of armed robbery because the defendant was […]
August 15, 2011
Maintaining a Dwelling
The crime of Maintaining a Store, Dwelling, Vehicle, Boat, or Other Place for Use, Storage, or Sale of Controlled Substances is a common one. In fact, AOC statistics show that […]
August 11, 2011
Qualifying Convictions for Purposes of Habitual DWI
G.S. 20-138.5(a) provides that “[a] person commits the offense of habitual impaired driving if he or she drives while impaired as defined in G.S. 20-138.1 and has been convicted of […]
July 26, 2011
Crime Against Nature
Crime against nature is usually an “add on” to other charged sexual assaults, such as forcible or statutory sexual offense and indecent liberties with a child. In this post, I’ll […]
July 18, 2011
New Crimes Protecting Unborn Children
New legislation this year creates a handful of new homicide and assault crimes protecting unborn children. S.L. 2011-60. The term “unborn child” “means a member of the species homo sapiens, […]
June 27, 2011
DWLR as a Grossly Aggravating Factor for DWI Sentencing
Grossly aggravating or just grossly confusing? When is a DWI defendant driving while revoked for an impaired driving revocation? Several earlier posts (here , here and here) have discussed sentencing […]
June 9, 2011
What Not to Do in an Impaired Driving Case (Post I)
If I were to compile guidance for law enforcement officers and judges on “what not to do” in an impaired driving case, I’d be sure to include excerpts from two […]
June 6, 2011
Interesting Constructive Possession Case
The last batch of opinions from the court of appeals included a really interesting constructive possession case.The facts of State v. Slaughter, __ N.C. App. __ (2011), are as follows. […]
June 2, 2011
Reckless Driving
Reckless driving is among the most commonly charged, and most broadly defined, motor vehicle offenses. Three types of reckless driving, all Class 2 misdemeanors, are defined in G.S. 20-140. First, […]
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