Uncategorized Archives – Page 136 of 310 – North Carolina Criminal Law

Podcast Season 2 Is Here!

November 7, 2016 Jeff Welty

Beyond the Bench, the podcast of the Judicial College here at the School of Government, is back with a new season. Professor Sara DePasquale takes the reins as the host for Season 2, which explores the issue of juvenile homelessness. Sara explains that the season: focuses on neglect and the child welfare system with a … Read more

News Roundup

May 21, 2025November 4, 2016 SOG Staff

Two Iowa police officers were shot and killed early Wednesday morning in ambush attacks that made national news. As the Des Moines Register reports, Urbandale Police Officer Justin Martin and Des Moines Police Sgt. Anthony Beminio each were shot while in their vehicles. The lone suspect, Scott Michael Greene, was apprehended a few hours after the shootings. Early reports indicate that Greene had a run-in with Urbandale officers in the middle of last month after an incident at a high school football game where he waved a Confederate flag in front of a group of African-Americans and was ejected from the stadium. The stadium is located at a traffic intersection where one of the officers was shot. Keep reading for more news.

What Our Courts Were Up to the Last Time the Cubs Won the World Series

November 4, 2016November 3, 2016 Jamie Markham

I’m a big baseball fan. (A Pittsburgh Pirates fan, if you’re wondering.) And so of course I stayed up late last night to watch what turned out to be a thrilling end to an historic World Series. I hate to spoil things for those of you who get all your news—legal and otherwise—from this blog, but the Cubs won.

When Agencies Disagree with Criminal Court Decisions

November 1, 2016 John Rubin

In criminal proceedings, court orders can affect other agencies. When the court imposes a sentence of imprisonment, the Division of Adult Correction has the responsibility of carrying it out. If the court issues a limited driving privilege in a traffic case, a person can drive even though the Division of Motor Vehicles has revoked the person’s license. A court may grant an expunction petition, requiring law enforcement agencies to destroy records of the criminal case. What happens if the affected agency believes that the order is unlawful? A recent decision, In re Timberlake (Oct. 18, 2016), provides some clarity about the procedures to follow, at least in the context of that case.

Failure to Allege, in an Application for a Search Warrant, that the Premises to Be Searched Is the Suspect’s Home

October 31, 2016 Jeff Welty

Sometimes officers have probable cause to believe that a person committed a crime, have probable cause that evidence of the crime will be found in the person’s residence, and seek a search warrant for the address at which the residence is located, but fail to include in the application a statement that the address in question is, in fact, the suspect’s home. What happens then?

News Roundup

May 21, 2025October 28, 2016 SOG Staff

The NC Department of Public Safety says that a portion of Neuse Correctional Institution was evacuated on Monday morning following a disturbance that started late Sunday afternoon. According to a press release, a small group of inmates “set two separate fires, one inside the prison’s diagnostic building and one that destroyed a storage shed.” The inmates also broke windows and damaged four dorms. Approximately 500 inmates were transferred to other prisons because of the damage. Keep reading for more news.

The Right Way to Find the “Under Supervision” Prior Record Level Bonus Point

October 28, 2016October 27, 2016 Jamie Markham

A person convicted of a felony is eligible for an additional prior record point if “the offense was committed while the offender was on supervised or unsupervised probation, parole, or post-release supervision, or while the offender was serving a sentence of imprisonment, or while the offender was on escape from a correctional institution.” G.S. 15A-1340.14(b)(7). I call that point the “under supervision” bonus point. Though part of the defendant’s prior record level, the point is probably best thought of as an aggravating factor. A recent court of appeals case reminds us why.

North Carolina Court of Appeals Finds That Erroneous Completion of Juvenile Waiver of Rights Form Did Not Bar Admissibility of Confession

October 25, 2016 Bob Farb

Last week, the North Carolina Court of Appeals in State v. Watson (October 18, 2016) ruled that an officer’s erroneous completion of a juvenile waiver of rights form did not bar the admissibility of the juvenile’s confession. This post will discuss North Carolina statutory law concerning juvenile warnings and rights and the Watson ruling.

Voter Crimes

October 24, 2016 Jeff Welty

It’s election season, and friends and family have asked me a few questions about crimes associated with voting. I’m not an expert on election laws – here at the School of Government, Bob Joyce is our go-to guy on such issues – but I’ve tried to respond correctly. Read on for the questions and answers.

News Roundup

May 21, 2025October 21, 2016 SOG Staff

As the News & Observer reports, the Orange County Republican Party headquarters in Hillsborough was firebombed and vandalized over the weekend. According to the report, “[a] flaming bottle was thrown through a window of the office” and an adjacent building was vandalized with paintings of a swastika and the phrase “Nazi Republicans leave town or else.” The incident drew the attention of both presidential candidates, and vice-presidential candidate Mike Pence and Governor McCrory each visited the headquarters. McCrory has offered a $5,000 reward for information leading to an arrest in the case. Keep reading for more news.