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News Roundup (September 9, 2016)

The Minneapolis Star Tribune reports that a Minnesota man, Danny Heinrich, confessed in federal court to abducting, sexually assaulting, and killing Jacob Wetterling nearly 27 years ago. Heinrich’s confession was part of a child pornography plea deal in which he will not be prosecuted for his crimes against Wetterling. Following Wetterling’s abduction, Congress enacted the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act which required states to implement sex offender registries. Keep reading for more news.

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Who’s In Charge in Your District? (September 8, 2016)

My middle child is named Charles. The other day I referred to him as Charles in Charge.  He asked me why teachers and other adults always called him that. Ah, me. It seems my cultural references are dated.

Regardless of whether you are old enough to have had a Scott Baio poster in your room, if your work involves the courts, it is a good idea to know who is in charge of district court in your district. 

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News Roundup (September 2, 2016)

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 the number of U.S. and North Carolina traffic fatalities rose significantly in 2015, reversing a decades-long decline.  Take Shea’s advice and don’t speed on your way to show off your new swimwear while lounging landward of the mean high-water mark of the State’s beaches.  Planning to booze it in the Land of the Sky?  Make safe transportation choices or you’ll lose it because law enforcement is cracking down on drunk driving over the holiday.  Enjoy the long weekend and keep reading for more news.

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Going “Beyond the Bounds” of Rule 404(b) in a Case Involving the Death of a Child (August 29, 2016)

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 excessive use of Rule 404(b) evidence. This month, a divided court of appeals decided a case in the same vein. The case is State v. Reed.

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News Roundup (August 26, 2016)

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’ due process and equal protection rights when there is no meaningful consideration of their ability to pay and alternative methods of assuring their appearance at trial. The plaintiff in the case is a schizophrenic man who was arrested for public drunkenness and could not afford $160 in bail. Unable to make bail, the man was held for six days in the local jail. The challenged system differs from North Carolina’s pretrial release procedure which, in many cases, expresses a preference for unsecured or non-monetary conditions of pretrial release. Keep reading for more news.

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When May Evidence of HGN Come on Down . . . or In? (August 25, 2016)

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 a defendant’s performance on the test if no other expert testifies about the relationship between nystagmus and impairment by alcohol?

While the answer obviously is either yes or no, there is more than one way to analyze the issue. Since today is Thursday, I’m going to throw it back to Bob Barker and the Price is Right and give you two showcases to consider.

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