DWI Not a Basis for First Degree Murder in NC
The Marshall Project published an article last week describing the “paradox of ‘felony murder’ laws,” which allow defendants to be convicted of murder “if a death occurs because of a […]
News Roundup
There was a steady stream of news about capital punishment this week. The Pope addressed a special joint session of Congress this week, and among many other things, asked the […]
Safekeeping
What can a jail do when an inmate becomes unmanageably dangerous, or unmanageably vulnerable, or unmanageably sick? Or what about when so many people are arrested at once that the […]
What’s NOT a Public Vehicular Area?
After the legislature broadened the definition of “public vehicular area” in 2006 to include areas “used by the public for vehicular traffic at any time,” many wondered whether there was […]
SCOTUS to Hear Argument in October about Miller Retroactivity
On October 13, 2015, the U.S. Supreme Court will hear oral argument in Montgomery v. Louisiana, a case that presents the question whether Miller v. Alabama, 567 U.S. ___, 132 […]
State v. Perry, Cell Site Location Information, and the Exclusionary Rule
Last week, the court of appeals decided State v. Perry. It’s the appellate division’s first foray into cell site location information and a case that raises questions about the status […]
News Roundup
For the second time in two weeks, I’ll start with a heartwarming, positive story about a police officer. In 2014, Raleigh Officer J.D. Boyd broke up an altercation involving a […]
The Eighth Circuit Considers Implied Consent, but I Still Haven’t Found What I’m Looking For
I admit that I may have a problem. I am dedicated to (perhaps obsessed with) the pursuit of a legal theory that satisfactorily squares the doctrine of implied consent with […]
Extending Probation After Expiration
If a judge extends a defendant’s probation after probation has already expired, when does the extension begin?
Updated Traffic Stops Paper Now Available
I’ve updated my paper on traffic stops to include Rodriguez v. United States, __ U.S. __, 135 S. Ct. 1609 (2015), and other recent cases. It’s available here. For those not […]