Criminal Law Music
Over the weekend I indulged my passion for music, which started me thinking about the overlap between music and my day job at the School of Government—in other words, songs […]
Don’t Instruct the Jury on a Theory that’s Not Supported by the Evidence
Some offenses can be proved by alternative theories. For example, impaired driving occurs when a person drives while (1) while under the influence of an impairing substance, (2) after consuming […]
News Roundup
The News & Observer reports that Governor Roy Cooper filed a lawsuit against legislative leaders last Friday that, among other things, contends that the new law that reduces the number […]
Lifetime SBM without Lifetime Registration
The trial court’s order regarding sex offender registration and satellite-based monitoring (SBM) in State v. Johnson was wrong in part. But also right in part. But ultimately wrong.
County of Los Angeles v. Mendez: Excessive Force Claims and the End of the Provocation Rule
Suppose a law enforcement officer enters the front door of your home without a warrant. You are asleep when he enters, but wake up when you hear the door open. […]
News Roundup
A suspected suicide bombing that killed twenty-two people at a concert in Manchester, England, is the major news story of the week. BBC News has an overview of the situation […]
Not All Warrantless Searches of Probationers Are “Directly Related” to Probation Supervision
Since 2009, all North Carolina probationers are subject to a regular condition of probation allowing warrantless searches of their person, vehicle, and premises by a probation officer. Under legislation passed […]
Marsy’s Law for North Carolina?
Earlier this month, the North Carolina House overwhelmingly passed House Bill 551, An Act to Amend the Law and Constitution of North Carolina to Provide Better Protections and Safeguards to […]
The Independent Source Exception to the Exclusionary Rule under the United States Constitution
I discussed the inevitable discovery exception in my last post. This post will discuss the independent source exception, particularly the United States Supreme Court cases of Segura v. United States, […]
Can the Fact that Daryl Had a Glock Yesterday Be Used to Prove that He Had an AK-47 Today?
When a defendant is charged with possession of a firearm by a felon, may the prosecution introduce, under Rule 404(b), evidence that the defendant previously possessed a different firearm? Courts […]