News Roundup

North Carolina has been all over the web recently. The News and Observer’s habitual felon article, which I discussed in a previous post, has made a splash on several of the most-read criminal law blogs — here and here (both links involve some scrolling) — with some of the reaction being positive, and some less … Read more

Good Fences Make Good Neighbors

The Court of Appeals released several opinions yesterday. The most significant may be State v. Wallace, an assault case involving remarkable and disturbing facts and difficult legal questions. The victim, a 79-year-old man, and one of the defendants, a 66-year-old woman, became neighbors when the victim sold the defendant some of his land. A boundary … Read more

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Do You Know How Fast You Were Driving?

Recently, I blogged about limitations on a judge’s authority to enter a disposition of prayer for judgment continued in speeding cases depending upon the speeding charge. (You can read that post here.) The recent discussion regarding judgments in speeding cases begs the question of why specific speeds are part of the adjudication in the first … Read more

Updated Sex Offender Registration & Monitoring Flow Chart

Some time ago I prepared a flow chart that included all the information about sex offender registration and monitoring I could reasonably (or maybe even slightly unreasonably) cram onto one page. My goal was to create an at-a-glance reference tool that included all the effective dates—crucial for applying the law properly—that appear in the patchwork … Read more

Miller and Constructive Possession

Last week, the North Carolina Supreme Court decided State v. Miller, an interesting and very, very close constructive possession case. Prosecutors, defense lawyers, and judges should all be aware of it. The short version of the facts is as follows: Winston-Salem police obtained a search warrant for a house based on suspicion of drug activity. … Read more

A Post Filled with Contempt

Over the past few months I’ve been getting some really interesting questions about contempt. Disclaimer: The real experts on our faculty when it comes to contempt are John Saxon, Michael Crowell, and Cheryl Howell—I’m just dabbling here. But there’s a connection to my field (sentencing), in that many of the questions I’m getting relate to … Read more

Self-Defense

I posted yesterday about one of the recent Court of Appeals decisions.  At the risk of going back to the well, I want to highlight another of those cases today.  (I’ve got something else in mind for tomorrow.) In State v. Revels, available here, the defendant was convicted of second-degree murder.  She appealed, claiming that … Read more