North Carolina Criminal Law

I blogged here about the North Carolina Court of Appeals’ initial opinion in Lee v. Gore, ___ N.C. App. ___ (January 19, 2010), holding that DMV lacked authority to revoke […]

Read post

Along with the published cases released by the N.C. Court of Appeals on August 3, 2010, was an unpublished case of note. In State v. Davis, __ N.C. App. __ […]

Read post

I get asked a lot of questions about motions for appropriate relief (MARs). One common scenario is: Defendant was convicted of Crime X years ago and the sentence has been […]

Read post

Since the U.S. Supreme Court’s decision in Crawford v. Washington, interest has been growing in the use of two-way video testimony as a method to satisfy the confrontation clause when […]

Read post

The court of appeals issued three opinions on Tuesday involving satellite-based monitoring (SBM) of sex offenders. In all three, offenders challenged trial court determinations that they had to enroll in […]

Read post

Suppose that both the local police and the federal Drug Enforcement Administration suspect that Derek is selling drugs. The police are a step ahead, and they arrest Derek and charge […]

Read post

The court of appeals in State v. Simmons, ___ N.C. App. ___ (July 20, 2010), decided this week, awarded a new trial to a defendant convicted of impaired driving, finding […]

Read post

In State v. Harbison, 315 N.C. 175 (1985), the North Carolina Supreme Court held that when defense counsel admits the defendant’s guilt to the jury without the defendant’s consent per […]

Read post

Previously, Jeff and I posted about the post-Melendez-Diaz decisions by the N.C. Court of Appeals in the Brennan and Brewington substitute analyst cases (those posts are available here, here, and […]

Read post

I was catching up on the Fourth Circuit’s recent opinions this weekend when I came across United States v. Luck. It raises some interesting issues that are not specific to […]

Read post