…similar argument in two unpublished opinions. And finally, it drew a distinction between habitual offender laws (where the question is whether the punishment for an already unlawful act, such as…
…25 years. The opinions, four in all, show that our courts are continuing to wrestle with the implications of that doctrine. Facts of the Case. The majority and dissenting opinions…
…(2016) (unpublished) (same result); State v. Farrow, 793 S.E.2d 286 (2016) (unpublished) (same result). Similarly, when no objection was made when the court entered the SBM order, the court of…
…of them. A handful of post-Rieger cases have applied the new rule, clarifying (to some degree) how it should work in practice. In unpublished State v. Stacy, No. COA19-465, 2020…
…evidence prove anything much anyway? A recent unpublished case from the court of appeals indicates that it does not. State v. Sewell, No. COA14-269, ___ N.C. App. ___ , 768…
…service of a subpoena was discussed in Lewis v. Arnold, 2019 WL 6188624 (C.D. Cal. Oct. 17, 2019) (unpublished). The case arose when officers pulled a man over at least…
…rationally based on the officer’s perception of the tracking data, not the law enforcement officer’s personal knowledge of the defendant’s location. And, in yesterday’s unpublished decision in State v. Clark,…
…the officer was performing. A recent case reaffirms the rule. Just last month, in State v. McNair, __ N.C. App. __, 797 S.E.2d 712 (2017) (unpublished), the court of appeals…
In the comments to a blog post I wrote about using unpublished cases, one reader suggested a follow-up topic: “Should do an article on dicta; what is it and is…
This post summarizes published criminal opinions by the North Carolina Court of Appeals released on October 6, 2020. (1) Trial court’s instructions that the jury “will determine what the assault…
