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 […]
March 10, 2011
The 300-Foot Rule
The News & Observer ran an article last weekend about some of the restrictions on where sex offenders are allowed to live or go. One of the laws mentioned was […]
February 21, 2011
Knowingly Exposing Others to Communicable Diseases
Suppose that A, who has HIV and knows it, has unprotected sex with B, who doesn’t have HIV. A doesn’t warn B. Has A committed a crime? Yes. At a […]
February 16, 2011
Assaults: One Conviction or Two?
Jeff previously blogged about multiple assault convictions based on the same conduct, distinguishing double jeopardy issues from statutory interpretation issues. In this post, I will hone in on the statutory […]
January 26, 2011
Continuing Criminal Enterprise — Non-Drug Offenses
Most blog readers probably are familiar with G.S. 90-95.1, which sets out the offense of continuing criminal enterprise with respect to drug offenses. I suspect, however, that readers are less […]
January 24, 2011
Think You Know North Carolina’s Open Container Law?
[Editor’s note: This post was revised slightly on January 25, 2011, in response to a helpful comment.] Here’s a quiz. Ashley Angel, who is 21 and a senior in college, […]
January 20, 2011
Constitutional Challenges to Federal Gun Laws
I wrote here about 18 U.S.C. § 922(g)(9), the federal statute that prohibits people who have been convicted of domestic violence misdemeanors from possessing firearms. Federal law also prohibits felons, […]
January 18, 2011
Accessory after the Fact: A Recent Decision Creates Confusion
Suppose John Jones shoots Victim. Sam Smith, who had nothing to do with the shooting, witnesses the event. In order to help Jones escape and avoid prosecution, Smith drives Jones […]
January 13, 2011
Ban on Gun Possession by Defendants Convicted of a “Domestic Violence Misdemeanor”
Federal law makes it illegal for a person to possess a gun after having been “convicted in any court of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). […]
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