Case Summaries – N.C. Court of Appeals (11/5/2019)
This post summarizes opinions issued by the Court of Appeals of North Carolina on November 5, 2019.
“No” Will Mean “No” in North Carolina
Two years ago I wrote a blog post about North Carolina’s unusual stance on rape and consent. In its 1979 decision in State v. Way, 297 N.C. 293 (1979), the […]
Case Summaries — Supreme Court of North Carolina (November 1, 2019)
This post summarizes three opinions issued by the Supreme Court of North Carolina on November 1, 2019.
Case Summaries–Fourth Circuit Court of Appeals (Oct. 2019)
This post summarizes published decisions from the Fourth Circuit Court of Appeals that may be of interest to state criminal practitioners from October, 2019.
News Roundup
The Asheville Citizen Times reports that the city’s police department has implemented a policy that requires officers to use a newly-developed written consent form prior to conducting a consent search. […]
New Rules for Safekeepers
A new law, already in effect as of October 1, 2019, makes some important changes to the process for transferring certain inmates from the county jail to the State prison […]
Reducing Impaired Driving 2.0
The National Highway Traffic Safety Administration (NHTSA) recently released this report on fatal motor vehicle crashes in 2018. The number of traffic fatalities nationwide decreased modestly last year as did […]
Who is the Victim When a Defendant Steals a Decedent’s Personal Property?
When a defendant steals personal property that belonged to someone who recently died, who should be alleged as the victim in the criminal pleading? I’ve been asked this question several […]
News Roundup
The Greensboro News & Record reports that a United States House of Representatives subcommittee will hold a hearing in the city on Monday to hear about how North Carolina has […]
Prior Record Level: What a Defendant Can and Cannot Stipulate To
Under G.S. 15A-1340.14(f), a defendant’s prior convictions can be proved by stipulation of the parties. And they often are. But that doesn’t mean every aspect of a person’s prior record […]