…theory. If there were any doubt after Jones about the importance or durability of the physical intrusion theory, this case settles it. It’s a major development in Fourth Amendment doctrine….
…consent. Questions may also arise regarding other elements of felony breaking or entering, such as whether the breaking or entering was without consent of the owner or a person empowered…
…whether transfer can be ordered based on consent of the juvenile. The issue seems to cross my desk when a juvenile has some charges pending in criminal court and there…
The court of appeals recently addressed an issue that has divided courts elsewhere: whether defense counsel may present an insanity defense without the defendant’s consent. The court ruled that defense…
…intercourse.” The Court concluded that because a defendant’s knowledge of whether the victim consented is not a material element of rape and mistaken belief in consent has not been recognized…
…for or] charged with an implied consent offense.” The arresting officer may “designate the type of test or tests to be given.” G.S. 20-16.2(c). As a matter of convenience, most…
…the record to support the argument that defendant acted “in the heat of passion” justifying a voluntary manslaughter instruction. Defendant offered a theory that involved the victim’s HIV-positive status and…
…against her husband. A district court judge entered a consent DVPO, finding that “[t]he parties agree to entry of this order without express findings of fact regarding the behavior of…
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422…
…chemical analysis under the state’s implied consent laws when certain conditions are met. Thus, the person must agree to submit to testing at the request of a law enforcement officer…
