Pleading Defects and Double Jeopardy
I recently taught a class of law students about criminal pleadings. We discussed proper pleadings and defective pleadings, and the State’s ability to bring new charges against a defendant after […]
Daubert Doesn’t Look Much Different from Howerton When it Comes to Retrograde Extrapolation
The court of appeals gave the green light last week for law enforcement officers to continue to testify as scientific experts in DWI cases involving retrograde extrapolation–notwithstanding the legislature’s amendment […]
Teen “Sexting” Is a Problem, But Is It a Crime?
Last week, a local news outlet reported that the 17-year-old quarterback of a Cumberland County high school was benched when school officials learned he was under investigation for allegedly sending […]
News Roundup
All eyes were on Houston this week, where Shannon Miles has been charged with murdering Deputy Darren Goforth. Miles allegedly approached Goforth from behind at a gas station and fired […]
Improper Equipment Fee Is Punitive, Must Go to Schools
The Statewide Misdemeanant Confinement Program took a hit this week in the court of appeals. In Richmond County Board of Education v. Cowell, about half of the money that comes […]
Fake IDs and Criminal Consequences
Fake IDs were ever-present on campus when I was an undergraduate. There were several varieties: a “novelty” driver’s license obtained from a private vendor, a doctored version of the underage […]
Can a Magistrate Issue a Search Warrant for a Computer or a Cell Phone?
I’ve had the same question several times recently: can a magistrate issue a search warrant for a computer or a cell phone? The answer is yes. This post explains why […]
Does Crawford Apply in Pretrial Proceedings?
A caller recently asked me: Does Crawford apply at pretrial proceedings, such as suppression hearings and hearing on motions in limine? Neither Crawford nor any of the Court’s subsequent cases […]
News Roundup
Colorado movie theater shooter James Holmes has been sentenced to 12 life terms plus 3,378 years in prison. He did not receive the death penalty due to the vote of […]
New Jail Credit Rules Signed Into Law
Two revisions to North Carolina’s primary jail credit statute, G.S. 15-196.1, will kick in on December 1, 2015. Both of them benefit defendants.