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News Roundup

The unexpected death of Supreme Court Justice Antonin Scalia continues to dominate the national news this week.  USA Today reports that the high court appeared to be split in a 4-4 deadlock at oral argument of a criminal case involving the exclusionary rule on Monday; Orin Kerr has more analysis of the legal issue here.  President Obama made a guest post to SCOTUSblog where he explains that he takes his constitutional duty to appoint judges to the Supreme Court seriously, and vows to nominate someone to fill Scalia’s seat in the coming weeks.  The Washington Post reports that Scalia was in the company of “high-ranking members of an exclusive fraternity for hunters called the International Order of St. Hubertus” at the Cibolo Creek Ranch on the weekend of his death.  More news after the break:

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Who Can Be a Supreme Court Justice?

My daughter came home from elementary school last week with notecards seeking support for her nomination to serve as a justice on the U.S. Supreme Court.DenningSupremeCourt I think that is it pure coincidence that her politicking coincided with the nationwide interest in potential nominees for the position following the death of Justice Antonin Scalia. But because I, like everyone else, had been thinking about how the vacancy on the court would be filled and by whom, her work got me thinking:  Who exactly can be a Supreme Court Justice?

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North Carolina Court of Appeals Issues Ruling on a Strip Search by Law Enforcement Officers

In 2013, I wrote two posts on strip searches by law enforcement officers, which are available here and here. This post discusses the first published North Carolina appellate court strip search case since these posts: State v. Collins, 2016 WL 385690 (N.C. App., Feb. 2, 2016).

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News Roundup

U.S. Supreme Court Justice Antonin Scalia died during the weekend at a hunting ranch in Texas.  As the Washington Post reports, his unexpected death has enormous political and legal consequences.  Some conservative politicians have argued that President Obama should not nominate a successor for Scalia’s seat on the court because the vacancy comes in the last year of Obama’s presidency.  Obama has indicated that he will nominate a candidate because he has a constitutional responsibility to do so.  More after the break:

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Is Entering a Store After Having Been “Trespassed” Chargeable as Felony Breaking or Entering?

In a session that I taught for magistrates, I learned that there is a practice in some districts of charging suspects with felony breaking or entering of a building when they enter a store after having been told not to return—commonly referred to as being “trespassed.” This may or may not be the appropriate charge, absent additional supporting facts.

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Legal Ethics and Social Media

The number of lawyers using Facebook, Twitter, LinkedIn and other social media networks grows daily.  So too does the number of lawyers doing foolish and unethical things on those networks.

In this post I highlight some of the more egregious social media missteps made by lawyers in recent years, in the hope that other lawyers won’t repeat them.   Then I describe how the Rules of Professional Conduct apply to social media both generally and in specific contexts such as investigations, litigation, and client testimonials.

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Special Sentencing Rules

Aside from a few notable exceptions (impaired driving, drug trafficking, and first-degree murder), most North Carolina crimes are sentenced under Structured Sentencing. Some crimes have additional sentencing wrinkles—a kind of Structured Sentencing plus—that kick in by statute. Today’s post is a noncomprehensive list of some of the most common offense-specific sentencing provisions.

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News Roundup

The New Hampshire presidential primary happened Tuesday.  Donald Trump and Bernie Sanders won the contest for their respective parties.  Politico reports that the New Hampshire results forecast an intense battle in the coming months for the presidential nomination in each political party.  There was not any sports news whatsoever this week, so let’s take a look at the legal news:

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