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). […]
January 12, 2011
State v. Dewalt and Speeding to Elude
The court of appeals decided State v. Dewalt last week, holding that the aggravating factor of driving while license revoked, when used to elevate misdemeanor speeding to elude arrest to […]
January 10, 2011
Common Questions about Prescription Drugs
I thought I’d take a minute to discuss three questions that I get about prescription drugs. [Update: Several people posted comments or emailed me about the relationship between prescription drugs […]
January 5, 2011
Aiding and Abetting
Under the common law doctrine of aiding and abetting, a person is considered to be a principal to a crime when: (1) a crime is committed by another, (2) the […]
January 4, 2011
Update on Unauthorized Access to a Computer
As I noted in a previous post, it is a crime under G.S. 14-454(b) “willfully and without authorization . . . [to] access[] . . . any computer.” I posed […]
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