When the Trial Court Has the Last Word
Litigants sometimes are surprised by circumstances in which a trial court’s ruling in a case is not capable of review on appeal. The court of appeals recognized one such situation […]
Disposing of a Defendant’s Guns after a Felony Conviction
On Monday, the United States Supreme Court unanimously decided a case about the disposition of a defendant’s guns after the defendant has been convicted of a felony. The case is […]
Sitosky Update: The Latest on Probation Tolling
The continued supervision or imprisonment of hundreds of probationers and inmates is in question in light of State v. Sitosky, __ N.C. App. __, 767 S.E.2d 623 (2014), petition for […]
State Supreme Court on State’s Ability to Obtain Review of MAR Rulings
Last month, the Supreme Court of North Carolina decided State v. Stubbs, an important case regarding appellate review of orders granting motions for appropriate relief.
News Roundup
In an odd turn of events for the person known as the “champion of the falsely accused,” WRAL reports that Christine Mumma was accused herself this week by the North Carolina […]
Can a Misdemeanor Conviction for Driving While Impaired Be Expunged?
I have been working on a theory of everything . . . for expunctions. It’s a small corner of the criminal justice universe, but a critical one for people with […]
New Criminal Offenses as a Probation Violation: Different Results at Violation Hearing and Trial
Committing a new criminal offense while on probation is a violation of probation. Nowadays it’s one of the only things for which a person may be revoked. Sometimes the parties […]
Non-Unanimous Verdicts in Criminal Cases?
A Wake County jury determined yesterday that Starbucks is not liable for injuries suffered by Raleigh Police Department Lieutenant Matthew Kohr when a cup of hot coffee spilled on his […]
Speeding: Local Ordinance Violation or State Law Infraction?
Suppose a North Carolina city adopts an ordinance establishing a local speed limit of 25 miles per hour for all city streets that are not otherwise marked. Signs are posted […]
News Roundup
Come on, fellow citizens! Enough with the nudist exhibitionism in residential neighborhoods! According to this local story, a Salisbury man has been arrested and charged with indecent exposure after “sitting […]