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When you can’t find what you’re looking for in North Carolina, you may have to extend your search out of state. Case in point: I’ve just discovered an opinion from the Minnesota Court of Appeals that answers the elusive question of how many aggravating factors apply if a person drives while impaired with more than one child in the car. And unlike some things you can only find in another state–like major league baseball and pot-laced gummy bears–you can bring this one home to the Old North State.

How is a statute supposed to read when the General Assembly amends it in May and then amends it again in July without acknowledging the prior amendment? Let me clarify with an example.

Effective December 1, S.L. 2015-212 extends the Eyewitness Identification Reform Act, G.S. 15A-284.52, to cover show-ups. But the bill leaves the status of photographic show-ups in doubt and contains a strange provision regarding law enforcement officers as eyewitnesses. This post unpacks the new law.

Before 2011, post-release supervision (PRS) was a bit of a novelty. Back then, only Class B1–E felons received PRS, and they account for only 15 percent of all felons. For offenses committed on and after December 1, 2011, the Justice Reinvestment Act amended the law to require post-release supervision for all felons who serve active time, regardless of offense class. As a result, there are now close to 10,000 post-release supervisees in North Carolina. More offenders means more questions. And one of the most common questions is what role, if any, the courts have in the administration of post-release supervision. The answer: very little.

It’s a ritual of fall: one faculty member or another receives an inquiry about whether registered sex offenders covered by G.S. 14-208.18 may attend a county fair or the State Fair. I tend to doubt that most agricultural fairs are intended “primarily” for kids, which would make them per se off limits, but I think it would be awfully difficult for a covered offender to make his or her way around most such fairs without running afoul of the 300-foot rule and/or the prohibition against being present at places minors gather for “regularly scheduled . . . programs.” We don’t have a case yet discussing sex offenders at fairs, but we may soon. WRAL reports here that a sex offender has been arrested after allegedly posing as a ride inspector at the “kiddie land” portion of the State Fair. Weirdly, WRAL also reports that a second sex offender has been arrested after flying a camera-equipped drone over the fair.

I am asked from time to time whether imprisonment terms for special probation (split sentences) may be run consecutively. I think they probably may.

I didn’t even know powdered alcohol was a thing.  Turns out, it is not only a thing, but, in North Carolina and in many other states it is now an unlawful thing–even though it isn’t actually available on the market.

The Second Circuit just decided a case regarding gun control legislation in Connecticut and New York. It’s important in its own right, and because it concerns two issues that the Supreme Court could soon take up: bans on assault weapons and on high-capacity magazines.

At long last I have completed the 2015 edition of my online guide to relief from a criminal conviction. This free guide, available here on the School of Government’s website, covers the various forms of relief available under North Carolina law, including expunctions, certificates of relief, and other procedures. It includes changes made by the General Assembly through the end of its 2015 legislative session.

I’m going to admit something here: I’ve never called an Uber. Or summoned an Uber. Used an Uber? Whatever. I’m just old fashioned, I guess. The same cannot be said of Dashawn Cochran, who was recently arrested in Maryland after allegedly robbing a store at gunpoint and escaping via Uber. Very cutting edge! But not successful. It turns out that while Uber drivers are readily available, they’re not highly motivated to try to elude the police. CNET has the story here.