One Phone Call
On TV and in the movies, arrestees are entitled to one phone call upon arrest. In real life, the situation is more complicated.
News Roundup
Sadly, the mass shooting at the Pulse nightclub in Orlando early Sunday morning is the major criminal law news story this week. Forty-nine victims were killed, fifty-three others were wounded, […]
Keeping a Person Under Supervision When There’s No Sentence Left to Suspend
When a person has so much jail credit that he has served his entire sentence of imprisonment, may he nonetheless be sentenced to probation? In other words, may a court sentence […]
State v. McGrady Confirms NC is a Daubert State: Now What?
The North Carolina Supreme Court held in State v. McGrady, __ N.C.___ (June 10, 2016), that Rule 702(a) of the North Carolina Rules of Evidence incorporates the standard set forth […]
New North Carolina Appellate Cases on the Meaning of Custody Under Miranda v. Arizona
Probably the most litigated issue involving Miranda v. Arizona is the meaning of custody under its ruling that requires law enforcement officers to give prescribed warnings when conducting custodial interrogation. […]
Cyberbullying Statute Struck Down
Last week, the state supreme court unanimously ruled that a provision of North Carolina’s cyberbullying statute, G.S. 14-458.1, “violates the First Amendment.” The case is State v. Bishop, and the […]
News Roundup
The case of a former Stanford University student, Brock Turner, who was convicted of sexually assaulting a woman at a party on the university’s campus is receiving national attention this […]
Some FAQ about Probation Violation Appeals
Today’s post gives my best answers to a few frequently asked questions about appeals of probation violation hearings.
The Right to Life, Liberty, and Fifteen Additional Days to Renew Your Registration
Before I became a lawyer, I finished everything ahead of time. Term paper? Completed two weeks early. Trip? Packed a week in advance. Taxes? Filed in February. Alas, those days […]
The Statutory Felony Disqualification for Self-Defense
I am working on a new edition of the self-defense book I wrote in 1996. As in the story of Rip Van Winkle, a lot has changed in twenty years. […]