The Other Special Probation
Special probation is just the statutory term for a split sentence, right? Right. Usually. Did you know there’s another “special probation” tucked away in Chapter 90?
Everything You Need to Know About Limited Learner’s Permits
My eldest child turned 15 last week. Everyone in North Carolina knows what that means . . . it is learner’s permit time. Unfortunately, however, we were not able to […]
Capital Punishment Update
Later this week, a group of superior court judges will gather at the School of Government to participate in a course on handling capital cases. In preparation for my role […]
The Inevitable Discovery Exception to the Exclusionary Rule under the United States Constitution
Two important exceptions to exclusionary rules under the federal constitution were adopted by the United States Supreme Court within a month of each other in 1984: (1) the inevitable discovery […]
News Roundup
The Charleston Post and Courier reports that Michael Slager, a former North Charleston police officer who shot and killed Walter Scott in 2015, pleaded guilty this week to a federal […]
Federal Judge Prohibits Money Bail for Indigent Defendants Charged Only with Misdemeanors
The decision, handed down April 28, 2017, comes out of Harris County, home to Houston, Texas. If you decide to read the opinion, ODonnell v. Harris County, be prepared to […]
Merger and Felony Murder: A 2017 Update
Last week I blogged about the basic rules for felony murder prosecutions in North Carolina. I promised to return this week with an update on the felony murder rule and […]
Jail Inmate Disciplinary Procedures
By administrative regulation, North Carolina’s jails are required to have written policies and procedures on inmate rules and discipline. 10A NCAC 14J .0203(a)(5). The only thing the jail regulations tell […]
Should Prosecutors Consider Collateral Consequences?
Prosecutors have wide discretion to decide how to charge defendants. In exercising that discretion, a prosecutor certainly may consider the sentence associated with each possible charge, and may choose to […]
News Roundup
There was tragic news from Bertie Correctional Institution this week where Sergeant Meggan Lee Callahan died Wednesday evening after being attacked by an inmate. Craig Wissink, who is serving a […]