News Roundup
A shooting that occurred early Sunday morning in Raleigh has made its way into the national news this week. As CNN reports, Chad Copley has been charged with fatally shooting […]
Consecutive Sentences for Criminal Contempt
One of the first posts I wrote on this blog was about the punishment for criminal contempt. The post included a discussion about whether sentences for contempt could be run […]
Is it a Crime to Wear a Thong on the Beach in North Carolina?
(Author’s note: This post has been amended since its initial publication.) My kids spend lots of time during the summer at our local YMCA, where this day of the week […]
No Probable Cause to Search Vehicle Occupant Based Solely on Generalized Odor of Marijuana Emanating From Vehicle
The existence of probable cause to search a vehicle and probable cause to search a vehicle occupant based on an odor of marijuana emanating from a vehicle present separate legal […]
Podcast Update: Episode 3 Now Available
The moment you have been anticipating has finally arrived! No, not the start of the Olympics, but the release of Episode 3 of our podcast, Beyond the Bench. It is […]
News Roundup
As the News & Observer reports, late last week the Fourth Circuit struck down significant portions of the Voter Information and Verification Act, legislation passed in 2013 that, among other […]
New Case on “Commit No Criminal Offense” Probation Violations Involving a Pending Charge
State v. Hancock, decided this week by the court of appeals, sheds new light on violations of the commit no criminal offense probation condition involving a pending charge.
Does State v. Ashworth Place Factors Over Substance?
The court of appeals reversed a defendant’s DWI conviction yesterday in State v. Ashworth, __ N.C. App. __ (August 2, 2016), on the basis that the trial court plainly erred […]
Is “Justification” a Defense to Possession of a Firearm by a Person with a Felony Conviction?
North Carolina law prohibits a person who has been convicted of a felony from possessing a firearm. The prohibition, set forth in G.S. 14-415.1, contains narrow exceptions, such as for […]
Update on Jury Trial Waivers
In 2014, North Carolina’s voters approved an amendment to the state constitution. The amendment enabled a criminal defendant charged with a crime in superior court to waive his or her […]