Victim Rights in Juvenile Court
[Editor’s note: We’re excited to welcome our new colleague LaToya Powell to the blog. LaToya’s work at the School of Government focuses on juvenile justice, especially the law of juvenile […]
February 6, 2014
Search Warrants for Meth Labs
I’ve had several questions lately concerning search warrants for meth labs. The basic issue is whether officers who find hazardous chemicals and other dangerous items may destroy them right away, […]
February 4, 2014
G.S. 90-96 Limbo
The Justice Reinvestment Act made conditional discharge under G.S. 90-96(a) mandatory for eligible, consenting defendants. The law was amended last year to make it discretionary again for offenses committed on […]
February 3, 2014
A Multiple Conviction Issue in Kidnapping Cases
In a recent case, State v. Holloman, the North Carolina Court of Appeals held that the trial court erred by convicting the defendant of both first-degree kidnapping and sexual assault […]
January 28, 2014
The Long Arm of the Law is a Bit Longer for DWIs
Local law enforcement officers have a little bit of extra territorial jurisdiction when it comes to investigating impaired driving. That grant of extra territorial jurisdiction (as opposed to extraterritorial jurisdiction, […]
January 16, 2014
The Bill for Driving While Impaired
A DWI conviction will cost you. Let’s take the case of a typical defendant who has never before been charged with or convicted of DWI. I’ll call him Forrest Firsttimer. […]
January 14, 2014
Booking Fees
The Seventh Circuit just ruled that the $30 booking fee charged to each arrestee in an Illinois town is constitutional. Markadonatos v. Village of Woodridge, __ F.3d __, 2014 WL […]
January 9, 2014
Trial Priority for DWI Cases and Motions to Dismiss
Deep in the statutory woods of the law allowing the seizure of motor vehicles driven by certain impaired drivers is a provision setting trial priority for the underlying criminal charges. […]
January 8, 2014
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 […]
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