Is G.S. 90-96(a) Mandatory or Discretionary?
Whether or not to grant a conditional discharge for an eligible defendant under G.S. 90-96(a) used to be within the discretion of the trial judge. In 2011, Justice Reinvestment made […]
NC Regulates Fully Autonomous Vehicles
Last month, the General Assembly ratified a bill authorizing the operation of fully autonomous vehicles on state roadways. The legislation is effective December 1, 2017. If you expect your car […]
Legislative Changes to Which Prior Convictions Can Support a Habitual Felon Charge
S.L. 2017-176 makes two important changes to which prior convictions can support a habitual felon charge. The legislation (1) clarifies the status of prior convictions from New Jersey and other […]
News Roundup
The criminal tribulations of O.J. Simpson once again captured the nation’s attention this week. Simpson was granted parole yesterday after serving nearly nine years in prison in Nevada following his […]
The Interstate Corrections Compact
Can a person convicted and sentenced to prison in North Carolina serve the time in another state? Can a person convicted elsewhere serve his or her sentence here?
State v. Younts: Rule 702 Does Not Require Proof that HGN Testing is Reliable
Folks, we have an answer. The court of appeals held yesterday in State v. Younts, ___ N.C. App. ___ (2017), that a law enforcement officer trained to administer a Horizontal […]
Summer Confrontation Clause Cases
This past June saw a flurry of Confrontation Clause cases from the appellate division: State v. Miller, ___ N.C. App. ___ (June 20, 2017), temp. stay allowed, ___ N.C. ___ […]
Important Amendments to the “Revenge Porn” Statute
The General Assembly has amended G.S. 14-190.5A, the “revenge porn” statute. The statute now (1) applies to live streams as well as recordings, and (2) is not limited to images […]
News Roundup
WRAL reported earlier this week that Wake County District Court Judge Michael Denning determined that pretrial release conditions for thirty-two people arrested during a May protest at the Legislative Building […]
Revised Sex Offender Flow Chart (July 2017 Edition)
With another legislative session in the books, it’s time for an update to the sex offender registration and monitoring flow chart.