North Carolina Criminal Law

Terminal CRVs

January 11, 2018 Jamie Markham

The Justice Reinvestment Act created confinement in response to violation (CRV) as an alternative to revocation for technical violations (violations other than a new criminal offense or absconding). The theory was that CRV would serve as a temporary intervention for technical violations (90 days for a felony or up to 90 days for a misdemeanor), … Read more

Theft, Possession, and Hendricksen

January 10, 2018 Shea Denning

Defendant commits an armed robbery in county A, obtaining stolen goods that he transports to county B. May the defendant be prosecuted and punished for armed robbery in county A and be separately prosecuted and punished for possession of stolen goods in county B?

Discovery of Officers’ Text Messages

January 8, 2018 Jeff Welty

More than a trillion text messages are sent each year in the United States alone. Some of these messages are work-related communications from law enforcement officers to fellow officers, witnesses, prosecutors, and others. Which, if any, of these messages are discoverable? How should officers preserve discoverable messages? Must prosecutors ask for officers’ text messages before providing discovery to the defense? This post begins to address these questions.

News Roundup

January 5, 2018 Christopher Tyner

The first week of the new year has been unusually cold and a mid-week winter storm created dangerous travel conditions across much of North Carolina. The Highway Patrol already had responded to hundreds of weather-related collisions at the time of writing, and frigid conditions are expected to cause hazardous conditions into the weekend. Thanks to law enforcement, emergency response, and other government agencies for their efforts during and after the storm. Stay safe and keep reading for more news.

Some Additional Thoughts on the New Cost and Fine Waiver Procedures

January 5, 2018January 4, 2018 Jamie Markham

With the work of the court system picking up steam after its holiday pause—perhaps with an additional interruption for winter weather in some parts of the state (stay safe, everyone)—questions are rolling in about the new notice and hearing procedures for waivers and remissions of costs, fines, and restitution.

Swatting: An Ill-Defined Crime with Potentially Deadly Consequences

January 4, 2018January 3, 2018 Shea Denning

I learned a new word on my drive home yesterday: swatting. Ari Shapiro, host of NPR’s All Things Considered, explained in this report that swatting occurs when a person falsely reports a crime in an effort to cause a large group of officers or a SWAT (Special Weapons and Tactics) team to converge on the scene. The prank is associated with video gamers who reportedly have used it as a form of revenge as well as entertainment.

Criminal Law Holiday Movies (You Might Be Surprised)

January 2, 2018 John Rubin

I’ve been saving this post for the holidays because it suits the season and, after a long break, it seemed like a good way to start back to work (at least for me). What’s your favorite criminal law holiday movie? It’s hard to pick just one.

News Roundup

December 15, 2017 Christopher Tyner

On Monday morning, a man detonated a pipe bomb inside a subway corridor in New York, seriously injuring himself but, because the device malfunctioned, not causing serious harm to anyone else. Apparently intending to carry out a devastating suicide attack, Akayed Ullah posted a message on his Facebook page saying “Trump you failed to protect your nation,” and set off for the Port Authority Bus Terminal in Manhattan with a homemade pipe bomb strapped to his torso. The device did not fully detonate, likely sparing many lives. Ullah has told investigators that he carried out the attack for the Islamic State, and he has been charged with several terrorism offenses.

Keep reading for the final blog post of the year – the North Carolina Criminal Law blog is signing off for the holidays and wishing our readers a safe and happy season. We’ll have new posts beginning January 2.

Adequate Notice of a Probation Violation: State v. Moore

January 11, 2018December 15, 2017 Jamie Markham

When it comes to giving proper notice of a probation violation, what is the critical thing: identifying the condition actually violated, or describing the behavior constituting the violation? The supreme court tells us in State v. Moore.