…theory other than felony murder, then the court must hold a hearing to determine whether the defendant will be sentenced to life without parole (which I’ll call LWOP, because most…
…the cameras only captured a “sliver” of his life, such that the “mosaic theory” of the Fourth Amendment was not implicated; for an introduction to the mosaic theory, see this…
…delineates new elements, and so creates a new crime — or at least a new theory of first-degree murder. But, as noted above, the bill creates a presumption that a…
…nothing about how the gun went off. Assuming that the discharge was accidental, could Vater be charged with first-degree murder under the theory of felony murder? Felony murder. Felony murder…
…a lower blood alcohol concentration than it would have at the time it was drawn), the court distinguished his analysis in Davis as involving a novel scientific theory. If reported…
…render the consent entry invalid even if the warrant was defective. The question here was one of consent. The court approved the ruling of the trial court that “the man…
…of murder on the basis of starvation; (3) if malice is implied, then starving must be defined as the complete deprivation of food and water; and (4) his conviction for…
…court’s order. Because the offense was committed before December 1, 2006, it was not governed by the current procedures for motions in implied-consent cases, discussed here. (Under current G.S. 20-38.6,…
…court for execution of the original judgment (or, in the case of an implied consent offense, upon resentencing as required by G.S. 20-38.7). State v. Smith, 359 N.C. 618 (2005)….
DWI law scholars, answer the following question. Are the results of all breath tests that were administered to the defendant admissible in an implied consent case? Yes, if the results…