.08 at Any Relevant Time after the Driving
Every state and the District of Columbia prohibits driving with an alcohol concentration of 0.08 or more though state laws vary regarding whether to establish a violation of the per […]
February 24, 2010
Solicitation of a Child by Computer
When a person over 16, using a computer or other electronic device, and with the “intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands” a person […]
February 12, 2010
Unauthorized Access to a Computer
What does it mean to access a computer without authorization? It’s an important question. North Carolina’s computer crime statutes appear at G.S. 14-453 et seq. Among other things, the statutes […]
February 1, 2010
Decriminalizing Certain Offenses to Reduce Appointed Counsel Costs
The Office of Indigent Defense Services (IDS) is studying data related to the disposition of seventeen types of misdemeanor charges during the 2009 fiscal year to determine whether decriminalization of […]
January 11, 2010
State v. Mumford: A New Exception Affording Relief from Inconsistent Verdicts
Jeff Welty blogged here about inconsistent verdicts. As he explained, a defendant generally isn’t entitled to relief from inconsistent verdicts, which may result from jury irrationality, a jury’s desire to […]
December 30, 2009
Landlords, Tenants, and Trespassers
First off, sorry I didn’t post yesterday. I was laid up with food poisoning — I blame holiday leftovers! I’m much better today, so on to today’s topic, which is […]
December 14, 2009
Murder by Drugs
Our murder statute, G.S. 14-17, defines first-degree murder, then proceeds as follows: “All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium […]
December 11, 2009
Second Amendment Math: Britt + Heller = Whitaker?
A divided court of appeals decided another significant gun case this week. But before I talk about the opinion in State v. Whitaker, I’ll briefly summarize the legal backdrop for […]
December 9, 2009
Aggravated Offenses: Elements Only
I have noted in numerous prior posts (most recently, here) that the statutes governing satellite-based monitoring (SBM) determination hearings (G.S. 14-208.40A and -208.40B) are unclear as to whether the court […]
December 4, 2009
Felony Speeding to Elude and Lesser Included Offenses (with some ACC Rivalry sprinkled on top)
More than a decade ago, the General Assembly enacted G.S. 20-141.5, making it a Class 1 misdemeanor to operate a motor vehicle on street, highway, or public vehicular area while […]
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