Riley and Retroactivity
Last month the U.S. Supreme Court held that under the Fourth Amendment to the U.S. Constitution, officers can’t search a cell phone as a search incident to arrest. Riley v. […]
July 23, 2014
Wiretapping Data — And a Question
In connection with an ongoing research project, I recently reviewed the 2013 Wiretap Report, prepared by the Administrative Office of the United States Courts. It contains some information that may […]
July 21, 2014
State v. Granger Adds to State’s Missouri v. McNeely Jurisprudence
State v. Granger, decided last week, is the latest case in which the North Carolina Court of Appeals has considered, in light of Missouri v. McNeely, __ U.S. __, 133 […]
July 16, 2014
Limits on the Use of Statements of Charges in Superior Court
This week, the court of appeals decided a case that is a good reminder about the limits of the State’s authority to address problems in charging documents by filing a […]
July 14, 2014
U.S. Senators Support “Raise the Age”
Just weeks after the NC House passed bipartisan legislation to “raise the age” of juvenile court jurisdiction to 17 for misdemeanor offenses (HB 725), US Senators Rand Paul (R-KY) and […]
July 7, 2014
Is There a Tolling Donut Hole?
I wrote previously (here and here) about the “donut hole” in the probation law regarding absconding. In short, due to a wrinkle in legislative effective dates, persons on probation for […]
June 30, 2014
Drugged Driving and Jury Instructions
To prove that a person drove a vehicle while under the influence of an impairing substance in violation of G.S. 20-138.1(a)(3), the State must establish that the defendant was impaired […]
June 25, 2014
The Supreme Court Investigates Apparently Unauthorized Cert. Petition in Capital Case
Monday, the Supreme Court denied a petition for certiorari filed in Ballard v. Pennsylvania. One interesting aspect of the case is that the defendant on whose behalf the petition was […]
June 16, 2014
What Not to Wear . . . If You’re a Juror
We’ve already covered lawyer attire on the blog. In fact, that post is one of the most popular we’ve ever had. A recent story has brought juror attire to the […]
June 12, 2014
Bail Bondsmen Are Not Above the Law
Post bail and skip out on court in North Carolina and chances are that someone other than a law enforcement officer will come looking for you. Bail bondsmen in this […]
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