North Carolina Criminal Law

The court of appeals decided State v. Cole, __ N.C. App. __ (2009), yesterday. Simplifying the facts a bit, the two defendants planned to rob two victims, and, brandishing firearms, […]

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I’ve had several questions recently about the merger doctrine as it applies to felony murder. It’s a complicated area, made even more confusing because there are two different doctrines that […]

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Editor’s note: The News and Observer has a point/counterpoint today about the merits of the new law against texting while driving. Check it out here and here. The New York […]

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Last week, the court of appeals decided State v. Watterson, __ N.C. App. __ (2009). The defendant was charged with, and convicted of, two counts of possession of a weapon […]

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Editor’s note: Much like newspapers sometimes waive the length limit on letters to the editor “to permit a fuller response,” I’m posting in full John Rubin’s detailed counterpoint to my […]

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There has been an endless parade of relevant news over the past week or so. First, Justice Sonia Sotomayor was confirmed by the Senate and sworn in. This New York […]

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I’ve been asked more than once about whether the odor of alcohol combined with a positive reading on a portable breath alcohol screening test device, such as an ALCO-SENSOR, without […]

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Donna Defendant’s license was revoked on May 1, 2007 upon her conviction of driving after consuming in violation of G.S. 20-13.2. On January 15, 2008, Donna Defendant was charged with […]

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Remember State v. Byrd, the case that held that ex parte domestic violence TROs aren’t “protective orders” under Chapter 50B? I blogged about it here, and I highlighted a more […]

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I am reluctant to dip my toes into the waters of controversy swirling around the arrest of Harvard Professor Henry Louis Gates, but it provides a useful framework for discussing […]

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