State v. McCaster and the Recalcitrant Probationer
Suppose a defendant is convicted of a class I felony and has a prior record level of I. That’s a “C” block on the felony sentencing grid, where only community […]
March 19, 2018
Determining Probable Cause for Drug Crimes without Field Tests
Some law enforcement agencies concerned about officers’ exposure to fentanyl have stopped field testing white powders. A question I’ve had several times is whether a magistrate may find probable cause […]
March 14, 2018
Could Gun Violence Restraining Orders Prevent Another Parkland?
One month ago today, a gunman who police say was armed with an AR-15 rifle walked into Marjory Stoneman Douglas High School in Parkland, Florida and opened fire, killing 17 […]
March 8, 2018
Relief Guide 2017
Expunging criminal record information can be like removing ants from under your refrigerator. Just when you think you’ve eliminated all the ants/information, there’s another trail. That’s how a talented attorney […]
February 21, 2018
Defrauding an Older Adult is Its Own Kind of Crime
The art of swindling is as old as time, and governments have worked for centuries to combat the practice. Indeed, North Carolina first criminalized the obtaining of property by false […]
February 13, 2018
Prosecutor for Hire?
Editor’s note: This is the first blog post by Jonathan Holbrook, who began working with the School of Government last July as our first Prosecutor Educator. Jonathan knows the field, […]
January 29, 2018
Real-Time Cell Phone Tracking Update, Including a New Case
The Court of Appeals of North Carolina recently decided a case about police obtaining real-time location information from a suspect’s cellular service provider. The case does not address the principal […]
January 22, 2018
New Developments Regarding Risk Assessments
Risk assessment tools are starting to take root in the criminal justice system. They’re used to make decisions about pretrial release, sentencing, and the level of supervision or custody to […]
January 17, 2018
Court of Appeals Reconsiders State v. Reed and Again Finds a Fourth Amendment Violation
The court of appeals decided another significant Rodriguez case yesterday, ruling (again) in State v. Reed that the highway patrol trooper who stopped the defendant for speeding on Interstate 95 […]
January 16, 2018
New Practice Guide: Defense Motions and Notices in Superior Court
I’m happy to announce my first indigent defense practice guide, Defense Motions and Notices in Superior Court. As the title implies, it’s a court-ready guide for practitioners about common defense […]
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