Parking Enforcement: Civil Penalties, Infractions and Wheel Locks
The contents of an envelope tucked under the windshield wiper of your car parked on a city street doesn’t seem as ominous as a citation hand-delivered through your driver’s side […]
December 2, 2010
Internet Sweepstakes Update
I’ve blogged before about the General Assembly’s latest effort to eradicate internet sweepstakes. Because G.S. 14-306.4 went into effect yesterday, I’ve had lots of questions about the law. (I even […]
November 30, 2010
Strict Liability Crimes
In prior posts, I discussed transferred intent and criminal negligence. Intent and criminal negligence, along with malice and willfulness are some of the common states of mind that the prosecution […]
November 18, 2010
Criminal Negligence
Criminal negligence (sometimes called culpable negligence) means recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others. State v. […]
November 17, 2010
Transferred Intent
Suppose a defendant acts intending to do one thing but ends up doing something else. For example, suppose the defendant shoots at A, intending to kill A, but misses and […]
November 11, 2010
Cyberbullying
Perhaps in response to news reports of teen suicides blamed on embarrassing and/or insensitive web postings, I have been fielding a fair number of calls about North Carolina’s cyberbullying statute. […]
November 1, 2010
Constructive Possession of Drugs
One of the most frequently litigated issues in North Carolina drug cases is constructive possession. Jeff wrote about one case (here) over a year ago. My research shows no less […]
October 28, 2010
Cultural Differences and Child Abuse
One of the clipping services to which I subscribe recently highlighted People v. Assad, __ Cal.Rptr.3d __, 2010 WL 4035491 (Cal. Ct. App. 3 Dist. Oct. 15, 2010). The defendant […]
October 18, 2010
Who’s Driving?
The New York Times recently published this piece on Google cars that drive themselves. And we’re not just talking about steering a straight line down the interstate. One car even […]
October 12, 2010
Obstruction of Justice
As the current edition of North Carolina Crimes explains, “[o]bstructing justice consists of any act that prevents, obstructs, impedes, or hinders public or legal justice, and it may take many […]
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