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 […]
News Roundup
The Baltimore Sun reports that prosecutors have dropped all remaining charges against police officers in cases related to the 2015 arrest and death of Freddie Gray. The decision to end […]
Sex Offender Premises Restrictions Revised in Response to Doe v. Cooper
The General Assembly amended G.S. 14-208.18, the law that makes it a Class H felony for certain registered sex offenders to go certain places. The changes are a response to […]
What’s the Latest on Mopeds?
Laws governing the operation of mopeds have changed significantly in recent years. Mopeds now must be registered before they may be driven on state roadways, and the owner of the […]
Court of Appeals Rules That Probationer Was Not in Custody When Handcuffed for Safety Reasons
Generally, custody occurs under Miranda when a suspect is handcuffed even if the suspect is not informed that he or she is under arrest for a crime. However, there are […]
Podcast Update: Episode 2 Now Available
In a previous post, I announced the release of our new podcast, Beyond the Bench. The reaction to the first episode was positive, and I’m happy to say that the […]