News Roundup

3-D printing is in the news this week. You know, 3-D printing, where a machine makes “a three-dimensional solid object of virtually any shape from a digital model . . . using an additive process, where successive layers of material [basically, melted plastic] are laid down in different shapes.” It is now possible to 3-D … Read more

Revised Sex Offender Flow Chart (March 2013 Edition)

It’s time for another update to my sex offender flow chart. The latest version is available here. As in the prior versions, everything to do with sex offender registration is on the front and everything to do with satellite-based monitoring (SBM) is on the back. Here is a summary of the changes in the latest … Read more

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Jury Review of the Evidence: Say the Magic Words!

In a post here I discussed the procedure a trial judge should follow when a deliberating jury asks to review evidence. In that post I noted that the judge must exercise discretion when responding to the jury’s request. The types of factors that the trial court might consider include: the significance of the evidence; a … Read more

Open Carry

Do law-abiding North Carolina residents have a right to carry a gun openly in public? Generally, yes. Federal constitutional right? The Supreme Court has recently ruled that the Second Amendment protects an individual right to bear arms, including handguns, District of Columbia v. Heller, 554 U.S. 570 (2008), and that it protects that right from … Read more

News Roundup

The federal government’s “sequester,” a package of across-the-board budget cuts, starts today. Federal criminal justice agencies like the Bureau of Prisons aren’t happy about it. As NPR summarizes, “[c]orrections officers in the federal prison system are bracing for possible staffing cuts and furloughs . . . at a time when . . . inmate crowding … Read more

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Another Salvo in the District Court Calendar Wars

In State v. Friend, ___ N.C. App. ___, 724 S.E.2d 85 (2012), the Court of Appeals addressed the district court’s authority when, after the court refuses to allow a continuance, the State takes a voluntary dismissal and subsequently refiles the case. In Friend, the State voluntarily dismissed an impaired driving charge after the district court … Read more

The Post-Release Supervision Violation Hearing Process in a Nutshell

As expected, the number of people on post-release supervision (PRS) is on the rise. After Justice Reinvestment, all felons with offense dates on or after December 1, 2011 who serve active time receive PRS. The legislature projected that the addition of PRS for Class F-I felons would increase the number of post-release supervisees from 2,000 … Read more

U.S Supreme Court Declines to Extend Officer’s Detention Authority Incident to Execution of Search Warrant Beyond Immediate Vicinity of Premises

In Michigan v. Summers, 452 U.S. 692 (1981), the U.S. Supreme Court upheld an officer’s authority under the Fourth Amendment to detain—without reasonable suspicion or probable cause—people at a residence where a search warrant is being executed. The defendant in Summers was detained on a walkway leading down from the front steps of a house … Read more

Making Marijuana the Lowest Law Enforcement Priority

Last week, a legislative committee at the General Assembly rejected a bill that would have permitted medicinal use of marijuana. The News and Observer covered the story here, and the bill itself is here. There doesn’t appear to be any chance that the legislature will follow Colorado and Washington and make recreational marijuana legal under … Read more