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 […]
Sentencing the Worst Kind of DWI
Most impaired drivers arrive at their destinations without harming themselves or anyone else. And few such drivers are actually stopped by police. That may explain why eight percent of people […]
Court of Appeals Allows Sweepstakes Preliminary Injunction to Stand
On Friday, a panel of the court of appeals decided an interesting electronic sweepstakes case. The case is Sandhill Amusements, Inc. v. Sheriff of Onslow Co. It generally upheld a preliminary […]
Sentencing Legislation Review Part I: New Credit Rules for CRV
My next few posts will discuss this session’s legislative changes related to sentencing and corrections. Today’s post covers some pending changes related to confinement in response to violation (CRV, sometimes […]
News Roundup
In North Carolina, the top story is the exoneration of Henry McCollum and Leon Brown, who were incarcerated for over 30 years in connection with the rape and murder of […]
State v. Borders: Clever Police Work or Disturbing Trickery?
Detectives investigating the rape and murder of an elderly woman in Shelby didn’t give up when suspect Donald Borders first refused to provide a sample of his DNA. They asked […]
Vaping Behind Bars
North Carolina inmates are not allowed to have tobacco products, and other people are not allowed to give tobacco products to them. This session, the legislature changed the law—twice—to address […]