Who Has the Right of Way?
Two vehicles, one traveling east and the other traveling south, arrive at approximately the same time at an intersection that is not marked by traffic signs or lights. Which vehicle […]
When Agencies Disagree with Criminal Court Decisions
In criminal proceedings, court orders can affect other agencies. When the court imposes a sentence of imprisonment, the Division of Adult Correction has the responsibility of carrying it out. If […]
Failure to Allege, in an Application for a Search Warrant, that the Premises to Be Searched Is the Suspect’s Home
Sometimes officers have probable cause to believe that a person committed a crime, have probable cause that evidence of the crime will be found in the person’s residence, and seek […]
News Roundup
The NC Department of Public Safety says that a portion of Neuse Correctional Institution was evacuated on Monday morning following a disturbance that started late Sunday afternoon. According to a […]
The Right Way to Find the “Under Supervision” Prior Record Level Bonus Point
A person convicted of a felony is eligible for an additional prior record point if “the offense was committed while the offender was on supervised or unsupervised probation, parole, or […]
Alleging Aggravating Factors in a DWI Prosecution
A defendant charged in district court with the misdemeanor crime of driving while impaired cannot ascertain from the charging document whether he is subject to sentencing at Level A1 (the […]
North Carolina Court of Appeals Finds That Erroneous Completion of Juvenile Waiver of Rights Form Did Not Bar Admissibility of Confession
Last week, the North Carolina Court of Appeals in State v. Watson (October 18, 2016) ruled that an officer’s erroneous completion of a juvenile waiver of rights form did not […]
Voter Crimes
It’s election season, and friends and family have asked me a few questions about crimes associated with voting. I’m not an expert on election laws – here at the School […]
News Roundup
As the News & Observer reports, the Orange County Republican Party headquarters in Hillsborough was firebombed and vandalized over the weekend. According to the report, “[a] flaming bottle was thrown […]
Tasers in the Jail
Today’s post discusses two recent federal cases involving the use of Tasers in North Carolina jails. (The post draws from an article I originally prepared for the North Carolina Jail […]