Early Medical Release
North Carolina has a law allowing certain prison inmates to be released early for medical reasons. It was passed in 2008, largely in response to concerns that a small number […]
December 19, 2013
May Magistrates Be Compelled to Testify about Their Decision-Making Processes?
When a defendant move to dismiss DWI charges based on a violation of his pre-trial release rights, the State’s first response is predictable: Subpoena the magistrate who presided over the […]
December 5, 2013
Do Only Turkeys Get Pardons?
It is a Thanksgiving tradition for the president to pardon a turkey. This year, CNN reports, it was a Minnesota bird named Popcorn. But is executive clemency limited to avians? […]
December 2, 2013
A Fine Sentence for Class 3 Misdemeanors
I thought I’d take a few minutes and jot down some questions and answers about the new fine-only punishment scheme for Class 3 misdemeanors for many defendants (enacted as part […]
November 26, 2013
May the police seize and impound cars driven by people charged with minor traffic violations?
The News and Observer reported Sunday on the Hamlet Police Department’s seizure of vehicles from drivers charged with low-level traffic offenses and the subsequent selling of those vehicles as scrap […]
November 19, 2013
Returns and Inventories for Computer Search Warrants
More and more criminal investigations involve searches of computers and other digital devices. It is sometimes difficult to apply long-established search and seizure law to the practical realities of digital […]
November 13, 2013
Probation Violation Hearings after Expiration: The Importance of a File Stamp
In general, a court only has jurisdiction to act on a probation case until the period of probation expires. There is a limited exception to that rule in G.S. 15A-1344(f). […]
October 17, 2013
New Report on Juvenile Justice and the Juvenile Age
The district court judges are conferring this week at the Great Wolf Lodge in Concord. I don’t know if robes are allowed on waterslides, but I expect that the judges […]
October 16, 2013
Indicting for a Misdemeanor in Superior Court After a Grand Jury Presentment
District court has original jurisdiction to try misdemeanors, so a misdemeanor usually arrives in superior court after a defendant is convicted of a misdemeanor in district court and appeals for […]
October 8, 2013
Remember Those Timelines for Non-Capital Motions for Appropriate Relief?
They are gone. In a blog post here I wrote about 2012 North Carolina legislation imposing tight new timelines for judges handling post-conviction motions for appropriate relief. When I had […]
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