Drugged Driving and Jury Instructions
To prove that a person drove a vehicle while under the influence of an impairing substance in violation of G.S. 20-138.1(a)(3), the State must establish that the defendant was impaired […]
News Roundup
If you thought that last week’s announcement of the 2013 Punishment Chart for North Carolina Crimes and Motor Vehicle Offenses was exciting, you will be even more entranced by this […]
Supreme Court: Can’t Search Cell Phones Incident to Arrest
Yesterday, the Supreme Court issued a long-awaited opinion concerning searching cell phones incident to arrest. The Court ruled that the search incident to arrest exception to the warrant requirement doesn’t […]
The Supreme Court Investigates Apparently Unauthorized Cert. Petition in Capital Case
Monday, the Supreme Court denied a petition for certiorari filed in Ballard v. Pennsylvania. One interesting aspect of the case is that the defendant on whose behalf the petition was […]
Disorderly Conduct at School — a Case and a Reader Poll
Kids do some appalling things. Last week, the court of appeals decided a case involving conduct at a school event that was beyond the pale. But did it rise to […]
Revised Sex Offender Flow Chart (June 2014 edition)
It’s time to post an updated sex offender registration and monitoring flow chart. The new chart is available here. It incorporates the following issues, which were resolved by recent appellate […]
News Roundup
The news this week contained quite a few little oddities. I’m stretched for time so I will set them out briefly. (For a lawyer.) First, Barry Saunders at the News […]
Public Service or Obstruction of Justice?
Impaired driving checkpoints work because they scare people—not because they ensnare people. Sure, a few people are arrested for DWI at such checkpoints. But many more are deterred from driving […]
Hearsay at Probation Violation Hearings
A recent case from the Supreme Court of North Carolina appears to have relaxed the limits on the use of hearsay at a probation violation hearing. The case also sheds […]
Parent-Child Privilege
Must a parent testify against his or her child when called as a witness? Conversely, must a child testify against his or her parent? The answer depends on whether there […]