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, […]
May 24, 2011
False Names and Identity Theft
[Editor’s note: Regular readers will notice two changes to the blog today. One, for the first time, my posts have a byline. Two, a photograph of the author now appears […]
May 16, 2011
Sexual Assaults: One Conviction or Two?
One recurring question I get asked is this: If the Defendant engages in two sex acts in one continuous transaction, how many assaults have occurred? When the acts are vaginal […]
April 26, 2011
Driving After Notification or Failure to Appear
[Editor’s note: Sorry that there was no post yesterday. I was travelling and didn’t have reliable internet access. We’re back on track today.] The misdemeanor offenses of driving after notification […]
April 12, 2011
Armed Robbery and Representations about Weapons
Twice each year, the School of Government welcomes newly-appointed magistrates for two weeks of training. Part of the curriculum involves learning the elements of common crimes. When I teach the […]
April 11, 2011
New Drug Crimes
The legislature has passed, and the Governor has signed, new S.L. 2011-12, which creates three new Schedule I drugs, defines certain synthetic cannabinoids as Schedule VI drugs, and makes several […]
April 6, 2011
Hit and Run
Hit and run is a term used to describe several felony and misdemeanor offenses set forth in G.S. 20-166, a statute in which neither the term “hit” nor “run” appears. […]
March 29, 2011
Worthless Postdated Checks
Under G.S. 14-107, it’s a Class 2 misdemeanor to write a check, “knowing at the time . . . that [the check-writer doesn’t have] sufficient funds on deposit . . […]
March 28, 2011
When Does DWI Resulting in Death Amount to Second Degree Murder?
Jeff wrote here about a recent high-profile case in which a defendant, Raymond Cook, was charged with multiple felony offenses after he drove while impaired and crashed into a young […]
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