When is Ignorance of the Law an Excuse?
An ancient maxim of the law is ignorantia juris non excusat, or ignorance of the law does not excuse. Put another way, it is presumed that the public knows the […]
Bill Cosby and the Lack of Rule 404(b) Evidence
Over the weekend, the judge presiding over Bill Cosby’s sexual assault trial declared a mistrial after the jury was unable to reach a unanimous verdict. I hadn’t followed the case […]
News Roundup
On Wednesday, a man with a rifle ambushed Republican members of Congress at a park in Virginia as the lawmakers held a morning baseball practice in preparation for the annual […]
SORNA Tier Chart
Over two years ago I said I would someday try to sort North Carolina’s reportable sex crimes into the tiers set out in the federal Sex Offender Registration and Notification […]
State Supreme Court Issues Significant Rulings on HGN Evidence and Blood Draws in DWI Cases
Two of last week’s opinions from the North Carolina Supreme Court address significant legal issues arising in impaired driving cases. In State v. Godwin, the supreme court reversed the court […]
Must a Trial Judge Act as a Gatekeeper Even if Not Asked to Do So?
Here’s a question that arose during a recent class: Suppose that a party in a criminal case seeks to introduce forensic evidence from a discipline of questionable validity, such as […]
North Carolina Statutory Requirements Concerning How to Conduct Lineups and Show-ups
Live and photo lineups and show-ups implicate constitutional and statutory requirements. This post will focus on the statutory requirements. For constitutional requirements, see pages 594-98 in Arrest, Search, and Investigation […]
News Roundup
Former FBI director James Comey’s testimony before the Senate Intelligence Committee regarding the FBI’s investigation of Russian interference in the 2016 presidential election is without question the biggest news of […]
Judge Spainhour Stepping Down as Sentencing Commission Chair
After nearly 18 years at the helm, Judge Erwin Spainhour is stepping down as chairman of the North Carolina Sentencing and Policy Advisory Commission. Today’s post takes a moment to […]
State v. Scaturro Clarifies Duties of Drivers Involved in Injury Crashes
The general rule for a driver involved in a crash in which a person is injured or at least $1,000 in property damages occurs is this: The driver must stop […]