Getting a Car for Christmas
Five years ago, my husband “gave” me a minivan for Christmas. Sure, it was fun to find the keys in my stocking and to put one of the children in […]
Sexual Activity as a Confidential Marital Communication
Is having sex with your spouse “communication”? The court of appeals addressed this issue in State v. Godbey, a child sexual abuse case. The victim alleged that the defendant engaged […]
Five Things I’m Thankful For
Today’s post is the last for the week since the School of Government is closed Thursday and Friday for the Thanksgiving holiday. In honor of the occasion, I want to […]
Recent North Carolina Case on Lack of Reasonable Suspicion to Make Vehicle Stop
Although reasonable suspicion requires less evidence than probable cause and often is not a difficult standard for an officer to satisfy to make an investigative stop, the standard requires an […]
Shoplifting and Larceny
I recently had occasion to think about the relationship between shoplifting and larceny.
News Roundup
CNN reports that “[t]he latest FBI annual hate crimes report shows a sharp spike in the number of hate crimes nationwide, with attacks against Muslims increasing the most sharply.” The […]
In-Chambers Modifications and Extensions of Probation
Not all changes to a person’s probation happen after a hearing. Many changes are made in chambers (or some other location other than the courtroom), with the consent of the […]
Last Means Last
A case involving charges of impaired driving is calendared on today’s district court docket. The defendant was charged more than two years ago; the case has been continued several times […]
How Many Expunctions Can a Person Get?
I sometimes get this question from judges, lawyers, and individuals seeking relief. The answer is: As many as the law allows. North Carolina’s statutes establish precise requirements for obtaining an […]
Is Spitting on a Person an Assault?
Several years ago, the Sixth Circuit noted the “timeless question whether “spitting a ‘lugie’ towards someone, by itself, constitutes an ‘assault.’” United States v. Gagnon, 553 F.3d 1021 (6th Cir. […]