The Rape Shield Statute: Its Limitations and Recent Application
North Carolina adopted a rule in 1979 to limit the introduction of evidence about the sexual behavior of an alleged victim in criminal trials for rape and other sexual offenses. […]
State v. Huddy and the Community Caretaking Exception
Huddy, ___N.C. App. ___, 799 S.E.2d 650 (April 18, 2017) was decided earlier this year and reversed the trial court’s denial of a motion to suppress. A unanimous Court of […]
DVPOs for Same-Sex Dating Relationships?
Domestic violence protective orders (DVPOs) are available to “persons of the opposite sex who are . . . or have been in a dating relationship,” and who are able to […]
News Roundup
WRAL reports that the ordeal of a Raleigh bar owner accused of attempting to smuggle drugs out of Honduras ended Thursday when Amanda Laroque landed at RDU. Laroque was detained […]
New Notice Requirements for Waivers and Remissions of Certain Monetary Obligations
On December 1, 2017, two new rules will kick in for waivers and remissions of costs, fines, and restitution. Today’s post offers some preliminary thoughts on those new rules.
To 404(b) or Not to 404(b)
My ten-year-old daughter asked me a few weeks ago what O.J. Simpson had done. Like the rest of America, she heard news of his parole hearing. What she couldn’t figure […]
A Change to Probation’s Policy on Ordinary Extensions
If you’ve noticed an uptick in probation hearings on extensions, today’s post may help explain why. As of last month, Community Corrections will no longer seek ordinary extensions of probation […]
Immigration Detainers
Sometimes, after a defendant has been arrested for a crime, an Immigration and Customs Enforcement (ICE) officer will file an immigration detainer with the agency that has custody of the […]
News Roundup
As the Washington Post reports, the Senate confirmed Christopher A. Wray as Director of the Federal Bureau of Investigation earlier this week. Wray served as Assistant Attorney General in charge […]
Classifying Prior Convictions for Sentencing Purposes
When determining a defendant’s prior record level for felony sentencing, prior convictions count for points according to their classification as of the offense date of the crime now being sentenced. […]