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 […]
News Roundup
I’ve been enjoying WRAL’s website lately. The News and Observer is putting more content behind a paywall, and WRAL has had a series of interesting criminal justice stories. The most […]
Avoiding Criminal Charges by Not Coming to Court
Not showing up for court is, generally speaking, bad trial strategy. In criminal court, such behavior can result in such unpleasantness as entry of an order for arrest and the […]
RJA Oral Argument
The state supreme court heard oral argument yesterday in two cases concerning the Racial Justice Act. In the first case, Superior Court Judge Gregory Weeks struck down the death sentence […]
15A-1335: When Is a Sentence “More Severe”?
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 […]
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 […]