So You Want to Be a District Court Judge?
A few election seasons ago, a campaign sign advocating “Denning for Judge” was posted in our neighborhood. My son noticed it on the way home from school and said, “Mom: […]
Update on U.S. Supreme Court’s Ruling in Rodriguez v. United States Concerning Extension of Traffic Stops
Last April, the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), significantly limited the scope of a traffic stop. The officer in Rodriguez completed […]
Miller v. Alabama Applies Retroactively (and Then Some?)
The Supreme Court held Monday that the rule from Miller v. Alabama, 567 U.S. __ (2012), applies retroactively. In Miller, the Court held that a sentencing regime that makes life without parole mandatory […]
Fourth Circuit Issues a Major Opinion on the Use of Tasers
On January 11, 2016, the Fourth Circuit decided Armstrong v. Village of Pinehurst, a major case concerning the use of tasers by law enforcement officers. The opinion is here. This […]
News Roundup
Monday was Martin Luther King Jr. Day and Americans across the nation observed the national holiday and celebrated Dr. King’s contribution to the Civil Rights Movement. ABC 11 reports here […]
An Attempted Offense Is Not an Aggravated Offense
A case from the court of appeals this week answered a longstanding question about which offenses are “aggravated” for sex offender registration and satellite-based monitoring (SBM) purposes.
Most Wanted: Automatic Emergency Brakes
There are several reasons why I like Volkswagen’s new “Dad, Stop!” commercial showcasing the emergency braking system in the 2016 Passat. First, I drive a teenager to school. He jumps […]
Implicit Bias: Why Race is Hard Even when People are Good*
Scholar john powell succinctly defines implicit bias as “a habit of the mind.” He explains that our brains have a natural tendency to form associations (for example, we might see […]
News Roundup
The Charlotte Observer reports that North Carolina did not have a Powerball jackpot winner but that two tickets worth $2 million each were sold in the state, one in Raleigh […]
The “Evidence Necessary to Prove an Element” Limitation on Aggravating Factors
Under G.S. 15A-1340.16(d), “[e]vidence necessary to prove an element of the offense shall not be used to prove any factor in aggravation.” The general idea behind that rule is to […]