…effective assistance of counsel when counsel concedes the defendant’s guilt to the jury without the defendant’s prior consent applies to situations involving an implied admission. The defendant was charged with…
…and Related Implied Consent Offenses in North Carolina at 213 & n.26 (UNC Sch. of Gov’t, 2014). What about orders granting expunctions? The State Bureau of Investigation (SBI) has sometimes…
…that they “were talking about drugs,” and again asked the defendant whether he would consent to a search, reminding him that he had previously consented. The defendant consented again, and…
…on the record, whether the defendant consents to this strategy. Defense counsel may not proceed with this strategy unless the defendant gives explicit consent. If counsel unexpectedly admits guilt during…
…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…
…consent to search the vehicle, to which he replied “you could break the car down,” but further explained that Lamm should seek consent from Peart since she had rented the…
…defendant’s counsel made implied admissions of guilt by admitting that defendant engaged in a sexual act with the victim and that the victim was below the statutory age of consent….
…sample at trial was based upon G.S. 20-16.2 (implied consent to chemical analysis), not on Fourth Amendment constitutional grounds. Here, the court pointed to State v. Davis, 364 N.C. 297…
…for analysis. Upon arriving at the hospital, the officer asked the defendant whether he would consent to a blood test, informing him, pursuant to Missouri’s implied consent law, that if…
…involuntarily, observed unclothed, or have their private parts observed or touched. Consent searches. Because a strip search involves an intrusion beyond a typical search of a person’s body, courts carefully…