A Warning Shot about Self-Defense
Suppose John is facing a deadly assault and fears that he will be killed or suffer great bodily harm. John has a firearm but, rather than shoot his assailant, he […]
Podcast Update: Episode 5 Now Available
The fifth and final episode of the first season of Beyond the Bench is now available. The episode features Jamie Markham interviewing Anne Precythe, the Director of Community Corrections. She shares […]
News Roundup
Labor day weekend has arrived and it’s time to kick back, relax, and be incredibly safe while navigating the roadways of the Old North State. The Charlotte Observer reports that […]
Remitting Costs and Fines
A judge may remit unpaid fines and costs at any time. In certain circumstances.
HGN, the Rules of Evidence and Suppression Hearings
True or False: An officer does not have to be qualified as an expert to testify about horizontal gaze nystagmus in a hearing on a motion to suppress in an […]
Going “Beyond the Bounds” of Rule 404(b) in a Case Involving the Death of a Child
About a year ago, I wrote about State v. Hembree, 368 N.C. 2 (2015), a case in which the state supreme court reversed a murder conviction based on the State’s […]
News Roundup
The ABA Journal reports that the U.S. Department of Justice has filed an amicus brief in a Georgia civil class action asserting that the use of money bail violates arrestees’ […]
When May Evidence of HGN Come on Down . . . or In?
The question I am most frequently asked these days is some version of the following: May a law enforcement officer trained in administering the HGN test testify at trial about […]
Sufficient Evidence of a Probation Violation
Probation violations need not be proven beyond a reasonable doubt. All that’s required is sufficient evidence to “reasonably satisfy” the judge that a violation occurred. What constitutes competent evidence of a […]
North Carolina Court of Appeals Finds Exigent Circumstances to Enter Home Without a Warrant to Conduct Protective Sweep for Officer Safety and to Prevent Destruction of Evidence
The United States Supreme Court has stated that the “physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed” and that […]