Articles in the Crimes and Elements category - Page 47 of 49

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 […]

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 […]

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 […]

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 […]

Donna Defendant’s license was revoked on May 1, 2007 upon her conviction of driving after consuming in violation of G.S. 20-13.2.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

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 […]

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 […]

Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants […]

I thought that I might blog today about the Sotomayor confirmation hearings, but they’ve been thoroughly dull. The only piece I’ve seen that makes them seem even a little bit […]

From time to time, a judge, prosecutor, or defense attorney will call the School of Government asking about the law of sexual assualts in, say, 1968. Typically, the caller will […]