Earlier posts (here, here, and here) discuss the statutory and constitutional requirements for obtaining a sample of a defendant’s blood for analysis in an implied-consent case. This post likewise addresses…
…North Carolina Criminal Cases (in section 2.7C), consent searches during traffic stops have become increasingly commonplace and officers have broad discretion in deciding who to ask for such consent. Concerns…
…504, 509 (2016) (sign alone, in context with other factors, was insufficient to revoke implied license). Apparently, no case has examined the consequences of the implied license for criminal trespassing,…
…except capital prosecutions. The waiver may be express or implied. Among the circumstances where implied waivers come into play is when the defendant voluntarily absents himself or herself from court…
…can only be released with a valid consent or court order. Consent for release of the record is required from the person who originally consented for the treatment. G.S. 122C-52….
…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…
…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…
…counsel’s express or implied admission of the defendant’s guilt of a charged offense to the jury without the defendant’s consent is per se ineffective assistance of counsel, such an admission…