The rules of thumb about expert testimony in child sexual abuse cases are (1) that an expert can’t testify that a child was, in fact, abused absent physical evidence, and (2) that an expert can testify to common characteristics or “profiles” of sexual abuse victims. A recent court of appeals case holds that even if the State doesn’t give notice of an expert’s opinion regarding victims’ characteristics, the expert has the leeway to discuss his or her own experiences with survivors of sexual abuse.
Two-Timing on the Weekends is Allowed . . . and Other Rules for DWI Sentences
Spring is upon us, and today’s post addresses the top five DWI sentencing questions of the season.
When Probation Begins
When a defendant is convicted of more than one crime, there are decisions to be made about how the sentences for those convictions will fit together. Generally speaking, they may be consolidated for judgment, allowed to run concurrently, or set to run consecutively. If at least one of those judgments suspends a sentence and places the defendant on probation, the judge has an additional decision to make regarding when probation begins.
News Roundup
I’ve had a couple of inquiries about this WRAL story, which begins: “A Charlotte man who stands at his front door naked is upsetting his neighbors, but police say he is not doing anything illegal.”
Granted, the indecent exposure statute, G.S. 14-190.9, requires that the exposure be in a “public place,” while this individual is inside his own home. However, without commenting on the specific facts of this case, I do not think that being inside one’s own home is necessarily a complete bar to being charged with indecent exposure. Cf. State v. Williams, 190 N.C. App. 676 (2008) (unpublished) (affirming an inmate’s conviction of indecent exposure where he exposed himself using “a food slot visible from the outside walkway” because “a reasonable probability existed that members of the general public [present in the jail] . . . might have witnessed defendant expose himself”); State v. King, 268 N.C. 711 (1966) (holding that the defendant’s car was a “public place” when it was parked in a business’s parking lot). Out of state cases, though of course decided under other statutes, also could support a charge under appropriate facts. See, e.g., State v. Blair, 798 N.W.2d 322 (Iowa Ct. App. 2011) (a defendant who was “facing forward in front of a bay window with the blinds partially pulled up while masturbating” was properly convicted of indecent exposure; “[b]eing in one’s home does not insulate a person from criminal liability for indecent exposure”); Wisneski v. State, 921 A.2d 273 (Md. 2007) (ruling that exposure to casual acquaintances in a living room was sufficiently public to constitute indecent exposure and collecting cases).
New Crimes Supplement Now Available
North Carolina Crimes is one of the School of Government’s most indispensable criminal law titles. The latest and greatest annual supplement to the book is now available. The new cumulative supplement covers legislation enacted and case law decided from January 1, 2012, through December 31, 2014. Jessie Smith, the author of the main volume, prepared the supplement as well.
Not So Fast: Dismissal of DWI Charges for Failure to Schedule Trial in 30 Days
Defendants who drive while impaired while their licenses are revoked for another impaired driving offense or who drive while impaired without a license and without car insurance risk more than criminal prosecution. The vehicles they drive must be seized, and, if they are convicted, will be ordered forfeited. To speed up the forfeiture process, DWI cases involving vehicle forfeitures must be scheduled within 30 days of the offense. But they rarely, if ever, are. Are defendants entitled to relief when the statutory scheduling directive is ignored? And can that relief come in the form of the dismissal of criminal charges?
Time Actually Served
A defendant is sentenced to 10–21 months for a Class H felony. How much time will he or she actually serve? What about a Class D felon sentenced to 59–83 months?
The State Bar Addresses Lawyers, Judges, and Social Media
The North Carolina State Bar recently adopted 2014 FEO 8, an ethics opinion concerning lawyers’ and judges’ use of social media. The opinion answers some questions, but raises others.
News Roundup
There’s so much going on around the state that this edition of the news roundup features only North Carolina news. First, the Administrative Office of the Courts has a new director. Judge John Smith, who has led the agency for several years, is stepping down. District Court Judge Marion Warren, from the southeastern part of the state, has been appointed as interim director.
Must a Pawn Shop Return Stolen Property to Its Owner?
Imagine that someone breaks into your house and steals something. Let’s say it’s a laptop. A week later, you see the laptop in a pawn shop. You want it back, but the shop owner says that he paid $200 for it. Must the shop owner give it back to you for free? Sell it back to you for what he paid for it? Or is he free to sell it to you on whatever terms the two of you negotiate?