State v. Hobson and the Presentment Controversy
Presentments have been a hot topic lately and the court of appeals just issued a decision involving a presentment. This post explains the controversy and the significance of the recent […]
News Roundup
As the Daily Tar Heel reports, this week a group of protesters on UNC campus used ropes to pull down the controversial Confederate monument known as Silent Sam; the protesters […]
State v. Murphy and Restitution for Unconvicted Conduct
In 2010, I wrote a post asking, “Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction?” The court of appeals answered […]
The License Revocation that Immediately Follows Arrest for DWI
I spent much of the afternoon teaching magistrates, and one of the topics we covered was the immediate license revocation that often is ordered upon a person’s arrest for impaired […]
Court of Appeals Approves Justification Defense for Firearm by Felon
For several years now, it has been an open question in North Carolina whether a justification defense to possession of firearm by felon is available. John Rubin blogged about the […]
Turner Reversed
Last week, the state supreme court unanimously reversed State v. Turner, __ N.C. App. __, 793 S.E.2d 287 (2016), and held that any “any criminal pleading that establishes jurisdiction in […]
News Roundup
This week a Pennsylvania grand jury released a report of an investigation into six of the state’s eight Catholic dioceses which says that there is credible evidence that more than […]
Criminal Monetary Obligations Bench Card Available
The School of Government has published a new resource on Monetary Obligations in North Carolina Criminal Cases.
May the State Rely on an ACIS Printout to Prove Habitual Felon Status?
A person who has previously been convicted of three non-overlapping felonies who commits a new felony in North Carolina may be indicted for the new felony and may be separately […]
G.S. 15A-928: One crime, two charges, one judgment?
Whenever a prior offense “raises an offense of lower grade to one of higher grade and thereby becomes an element” of the current offense (e.g., habitual larceny, habitual misdemeanor assault, […]