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 […]
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 […]