Court OKs Offensive Collateral Estoppel
In my experience, the mere mention of the terms “res judicata” and “collateral estoppel” in the classroom setting operates like a blast of intellectual air conditioning, causing mental processes to […]
March 13, 2012
What Is The Date of a Prior Impaired Driving Conviction under G.S. 20-179?
I ended last week’s post by noting that the date on which a prior impaired driving conviction occurs for purposes of the seven-year-look-back period in G.S. 20-179(c)(1)(a) may not be […]
March 7, 2012
When Is a Prior Impaired Driving Conviction Final Enough to Be Counted Under G.S. 20-179?
As most readers know, sentencing for most misdemeanor and felony convictions in North Carolina is governed by the structured sentencing provisions set forth in Article 81B of Chapter 15A of […]
March 5, 2012
“Show Me the Money”: Specific Performance of a Plea Agreement
Suppose a defendant is indicted on charges of trafficking, possession with intent to manufacture, sell and deliver, possession of drug paraphernalia, and simple possession. Suppose further that the defendant enters […]
February 27, 2012
N.C. Court of Appeals Rules that Padilla Is Not Retroactive
In a post here, a former colleague [editor’s note: the post has my picture on it but as the byline notes, it was written by Sejal Zota] wrote about Padilla […]
February 21, 2012
Consent DVPOs without Findings of Fact Are Void ab Initio
The court of appeals recently decided Kenton v. Kenton, a civil case of major significance for criminal lawyers. In a nutshell, a wife sought a domestic violence protective order (DVPO) […]
February 13, 2012
Use of a Defendant’s Pre- and Post-Arrest Silence at Trial
The N.C. Court of Appeals’ recent decision in State v. Harrison raises an issue that arises with some frequency in N.C. criminal trials: When can the State use evidence of […]
February 9, 2012
Passwords and the Fifth Amendment
Several years ago, I blogged about a case in which the government sought to compel a criminal defendant to provide the password to his encrypted computer, or at least, to […]
February 8, 2012
FAQs About CRV
Under amended G.S. 15A-1344(a), for probation violations occurring on or after December 1, 2011, a court may only revoke probation for a violation of the “commit no criminal offense” condition […]
February 1, 2012
In the Matter of District Court Administrative Order
Among the opinions filed by the North Carolina Supreme Court last Friday was an order captioned “In the Matter of District Court Administrative Order.” Without providing any factual background regarding […]
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