…no Harbison error where counsel’s admission of guilt to a lesser offense was made with defendant’s knowledge and consent; and (4) trial court erred in contempt proceeding by failing to…
…Justice Reinvestment made G.S. 90-96 mandatory for consenting defendants in 2011, but that requirement turned out to be troublesome enough in practice that the law was made discretionary again in…
…and vacating the defendant’s drug conviction. There are interesting issues in the case about when a seizure occurs and about whether the defendant consented to the extension of the stop,…
…sample at trial was based upon G.S. 20-16.2 (implied consent to chemical analysis), not on Fourth Amendment constitutional grounds. Here, the court pointed to State v. Davis, 364 N.C. 297…
…precedent, a valid warrant for evidence on crime on a computer that is supported by probable cause gives officers implied authority to examine each file on the computer “at least…
…transaction. A Brief History of Larceny “Larceny is the wrongful taking and carrying away of the personal property of another without his consent and with the intent to permanently deprive…
…for analysis. Upon arriving at the hospital, the officer asked the defendant whether he would consent to a blood test, informing him, pursuant to Missouri’s implied consent law, that if…
…the implied-consent laws. Ollie contacts Paul Prosecutor and asks him to obtain a court order for Dan’s medical records, which Ollie knows are likely to contain bloodwork reflecting Dan’s blood…
…a different theory. Since it was a government agent who originally mentioned ISIS and he directed the defendant not to disclose their conversation to others, it could be argued that…
…this argument, the COA implied that he was unsuccessful because the State added a significant charge at the superior court stage, and if the charges had remained the same from…