Special Rules for Pleading and Trying Habitual Offenses
Author’s Note: The North Carolina Supreme Court reversed the court of appeals decision in State v. Brice, which is discussed in the body of this post. You can read about […]
Announcing C-CAT 2.0
Several years ago the School obtained a grant from the Z. Smith Reynolds Foundation to create an online, searchable database of the collateral consequences of a criminal conviction in North […]
News Roundup
According to a new survey from the Pew Research Center, the nation’s police officers say that “recent high-profile fatal encounters between black citizens and officers have made their jobs riskier, […]
Sentencing Handbook for 2016-2017 Now Available
The 2016-2017 edition of the North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids, authored by me and Shea, is available from the School of Government. Like previous editions, it contains instructions on […]
Alcohol Concentration Restrictions and Ignition Interlock: What’s the Law?
Among the questions I am most frequently asked is: What is the proper charge when a person violates an alcohol concentration restriction on his or her driver’s license? As soon […]
North Carolina Supreme Court Upholds Search of Vehicle Located on Premises as Within Scope of Search Warrant
The North Carolina Supreme Court in State v. Lowe (December 21, 2016) ruled that a search warrant validly authorized a search of a vehicle parked on the driveway of the […]
State Supreme Court Rules that the State Bar Can’t Discipline a Sitting Judge for Judicial Misconduct
Judges are lawyers, and lawyers are subject to discipline by the State Bar. Does that mean that judges are subject to discipline by the State Bar? Generally not, according to […]
News Roundup
As the New York Times reports, the sentencing phase of Dylann Roof’s federal death penalty trial began this week following his December conviction on thirty-three charges arising from murdering nine […]
Petitions to Terminate Sex Offender Registration: Moir Tiers
Last month the supreme court decided State v. Moir. It is a case about how a state sex crime—namely, indecent liberties with a child—fits within the offense tiering system set […]
Tolling the Statute of Limitations after State v. Turner
The court of appeals held last month in State v. Turner, __ N.C. App. __, 793 S.E.2d 287 (2016), temp. stay allowed, __ N.C. __ (2016), that the issuance of […]