90-96 for Everything
G.S. 90-96 sets out a conditional discharge option for certain drug offenses. A conditional discharge is different from a deferred prosecution. In a conditional discharge program, the defendant is convicted […]
When Tragic Accidents Also Are Crimes
The fields of the Capital Area Soccer League were a sea of blue again last night. Players of all ages shelved their regulation orange jerseys and wore blue—Laura Yost’s favorite […]
Proving That Larceny of a Motor Vehicle Is a Felony
In some states, theft of an automobile is a felony regardless of the value of the vehicle. See, e.g., Fla. Stat. § 812.014. Not so in North Carolina. Motor vehicles […]
News Roundup
Lots of interesting news this week, so let’s get right to it: Constitution Day. It was Constitution Day this week, the 227th anniversary of the constitutional convention’s proposal of […]
You Get What You Get and You Don’t Throw a Fit
My daughter is awfully fond of this expression (when applied to one of her brothers, of course). Turns out it also is apropos for this week’s court of appeals decision […]
Jail, Prison, or SMCP? A Place of Confinement Chart
You know I love a chart. I’ve made sex offender charts, Justice Reinvestment charts, maximum sentence charts, and drug trafficking charts. You should see the charts I make for family […]
The Old Portable Breath Test Ain’t What She Used to Be
Portable breath tests don’t go very far anymore in proving whether a suspect is impaired from alcohol. That’s because the legislature amended G.S. 20-16.3(d) in 2006 to provide that the […]
Evidence and Arguments about Prison Life in Capital Cases
During the second phase of a capital trial, the jury must decide whether to sentence the defendant to death or to life in prison. The jury’s perception of prison life […]
News Roundup
Ray Rice is, or was, an NFL player. He punched his then-fiancee, now wife, at a New Jersey casino, knocking her unconscious. He was charged with a felony assault but […]
Death Sentences Increase Slightly in North Carolina
I spent a few minutes this morning looking at death penalty data. As most readers know, North Carolina hasn’t had an execution since 2006, as a result of litigation over […]