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, […]
Does a Search Warrant for a Person Authorize a Strip Search?
Most search warrants are for homes or offices. Some are for vehicles. Less often, a search warrant is for a person. See generally G.S. 15A-241 (defining a search warrant as […]
News Roundup
As USA Today reports, Sunday is the one-year anniversary of the deadly white supremacist rally in Charlottesville, Virginia, that began with torch-bearing marchers parading through the campus of the University […]
State v. Griffin and the Effectiveness of Satellite-Based Monitoring
The court of appeals issued a new decision on satellite-based monitoring (SBM) of sex offenders this week. It gives further guidance on what the State will need to show to […]
New National/State Mottos License Plate
If you’ve driven around much in North Carolina, you’ve likely noted the proliferation of special license plates. Legislation authorizing the issuance of such plates is correspondingly ubiquitous. So it wasn’t […]
Defensive Force in the Home
We now have a number of appellate opinions interpreting the defensive force statutes enacted by the North Carolina General Assembly in 2011. In State v. Kuhns, ___ N.C. App. ___ […]
Court of Appeals Rules Pattern Jury Instruction Inadequate in Felony Indecent Exposure Case
Last month, the court of appeals ruled that the pattern jury instruction for felony indecent exposure was inadequate given the facts of the case before it. The case is State […]
News Roundup
Trial began this week in Virginia for Paul Manafort, the onetime chairman of the 2016 Trump presidential campaign who has been charged with a variety of crimes unrelated to the […]
The Domestic Violence Condition of Probation
North Carolina has a regular condition of probation requiring abuser treatment for defendants found responsible for acts of domestic violence. Today’s post discusses the condition, and what happens when a […]
How the Proposed Constitutional Amendment Would Change Judicial Appointments
This November, North Carolina voters will be asked to vote for or against a “Constitutional amendment to implement a nonpartisan merit-based system that relies on professional qualifications instead of political […]