DWI Day at the Court of Appeals
Yesterday was opinion day at the court of appeals. And while it wasn’t officially designated as DWI opinion day, several of yesterday’s opinions resolve significant and recurring issues in DWI […]
New Resource on Immigration Consequences of a Criminal Conviction
I am excited to announce the release of the 2017 edition of our manual, specific to North Carolina law and practice, on the immigration consequences of a criminal conviction. We […]
Supreme Court of North Carolina: Officer Did Not Improperly Extend a Traffic Stop by Frisking a Driver and Ordering the Driver into a Patrol Car
In 2015, the Supreme Court of the United States decided Rodriguez v. United States, 575 U.S. __, 135 S. Ct. 1609 (2015). Rodriguez held that it was improper for an […]
News Roundup
On Tuesday, Sayfullo Saipov killed eight people and injured twelve others by driving a truck down a bike lane in Manhattan in an apparent terror attack. It has been reported […]
Evaluating the Sincerity of an Inmate’s Religious Beliefs
Inmates do not forfeit the right to practice their religious faith while they are incarcerated. But of course that right is not unlimited. Officers can impose certain restrictions when an […]
Pro Bono Service by Magistrates, Prosecutors, Public Defenders, and Others Now Allowed
Sometimes it seems lawyers have a Latin phrase for everything: Self-represented litigants? They’re pro se. The thing speaks for itself? Res ipsa loquitur. Volunteer legal work? That’s pro bono to us. […]
Cross-Examination on Pending Charges
Can the defense question a State’s witness about pending charges? May the State question the defendant or defense witnesses on their pending charges? The Rules of Evidence allow impeachment by […]
“Belk’s Department Stores, an entity capable of owning property”
The court of appeals recently decided that an indictment alleging that a defendant stole some shirts from “Belk’s Department Stores, an entity capable of owning property,” did not sufficiently identify […]
News Roundup
President Donald Trump announced yesterday that he was directing the Department of Health and Human Services to declare the national opioid crisis a public health emergency. According to a White […]
Jail Credit Basics
I get at least one jail credit question almost every day. How jail credit is tabulated and applied can be as important as the sentence itself in determining how long […]