News Roundup
Los Angeles Clippers owner Donald Sterling made some racist remarks to his girlfriend, she recorded them, and they were leaked on the internet. This appears likely to cost Sterling the […]
Sentencing Smartphone App Available
The School of Government’s mobile app for Structured Sentencing is available for download. The version for Apple devices—iPhone and iPad—is in the iTunes App Store, linked here. (You’ll need at […]
Supreme Court Hears Cell Phone Search Incident to Arrest Cases
Yesterday, the Supreme Court heard two cases regarding whether law enforcement officers may search a suspect’s cell phone incident to arrest. Generally, the answer to that question in North Carolina […]
Traffic Violations You May Not Even Know You Are Committing
Law enforcement officers may stop a vehicle when they have reasonable suspicion to believe that the driver has violated a traffic law. See State v. Styles, 362 N.C. 412, 415, […]
Waiving a Probation Violation Hearing
A probationer is entitled to a hearing on an alleged probation violation, unless the hearing is waived. G.S. 15A-1345(e). What does it mean to waive a probation violation hearing? As […]
News Roundup
Another North Carolina case is headed to the Supreme Court. The latest grant of certiorari is in Heien v. North Carolina, the burned-out brake light case in which the state […]
Maybe Implied Consent is Real After All
Courts across the country continue to wrestle with whether and how the Supreme Court’s opinion in Missouri v. McNeely, 569 U.S. ___, 133 S. Ct. 1552 (2013), affects the lawfulness […]
Supreme Court Rules that Anonymous Tip Provides Reasonable Suspicion of Impaired Driving
The Supreme Court just decided a case that significantly changes North Carolina law regarding whether a traffic stop can be made based on an anonymous 911 call alleging bad driving. […]
Spring Break Sentencing Reading List
I was on spring break last week, which meant I had lots of time for uninterrupted reading while my kids entertained themselves at the pool. Okay, maybe not. Despite being […]
Statutorily Mandated Sentences: An Exception to G.S. 15A-1335
G.S. 15A-1335 provides that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new […]