News Roundup
Unquestionably the most shocking story of the week comes from Wake County, where an assistant district attorney’s father was kidnapped, apparently at the behest of an inmate the prosecutor had […]
Aggravating Factors in Felony Speeding to Elude Statute Are Elements for Purposes of Double Jeopardy
The North Carolina Court of Appeals in State v. Mulder, 233 N.C. App. 82 (2014), held that punishing a defendant for felony speeding to elude based upon the aggravating factors […]
New Book on Mike Nifong and the Duke Lacrosse Case
As a criminal lawyer, Durham resident, and Duke alumnus, I followed the Duke lacrosse case with more than a casual interest. Now, years after the fact, there’s a new book […]
Electronic House Arrest
Today’s post covers some of the nuts and bolts of electronic house arrest (EHA). EHA is fairly self-explanatory: in lieu of traditional incarceration, a person is confined to his or […]
A 2013 Rollback of State Procedural Protections for Defendants
Most folks who are involved in appellate litigation and post-conviction motions know about G.S. 15A-1335. For those who don’t, it is a N.C. statute providing that when a conviction or […]
News Roundup
WRAL just published this fascinating story, about North Carolina prisoners’ access to reading materials, the grounds on which access to reading materials can be denied – such as that the […]
Three-Time Felon Charged with Gun Possession Loses Second Amendment Argument
This week, the court of appeals decided State v. Price, an interesting gun rights and Fourth Amendment case. Facts. The defendant was standing in a forest, near a deer stand, […]
Geisslercrain Sends Green Packing
This is not a sports story – despite what the title may suggest. Besides, I am so over March Madness. There was a little too much madness and not enough […]
The Authority of Assistant DAs When the Elected DA Resigns
Two elected district attorneys resigned mid-term yesterday: Colon Willoughby in Wake County (to move into private practice), and Jerry Wilson in Watauga and four other mountain counties (citing medical reasons). […]
Miller Retroactivity: Where Are We?
Almost two years after the United States Supreme Court decided Miller v. Alabama, the question of whether the case applies retroactively to convictions that became final before it was decided […]