News Roundup (September 26, 2014)
Jeff Welty
Nationally, the news of the moment is that Attorney General Eric Holder will resign as soon as a successor is confirmed. California Attorney General Kamala Harris and Manhattan United States […]
90-96 for Everything (September 25, 2014)
Jamie Markham
G.S. 90-96 sets out a conditional discharge option for certain drug offenses. A conditional discharge is different from a deferred prosecution. In a conditional discharge program, the defendant is convicted […]
When Tragic Accidents Also Are Crimes (September 24, 2014)
Shea Denning
The fields of the Capital Area Soccer League were a sea of blue again last night. Players of all ages shelved their regulation orange jerseys and wore blue—Laura Yost’s favorite […]
Proving That Larceny of a Motor Vehicle Is a Felony (September 23, 2014)
Jeff Welty
In some states, theft of an automobile is a felony regardless of the value of the vehicle. See, e.g., Fla. Stat. § 812.014. Not so in North Carolina. Motor vehicles […]
News Roundup (September 19, 2014)
Jeff Welty
Lots of interesting news this week, so let’s get right to it: Constitution Day. It was Constitution Day this week, the 227th anniversary of the constitutional convention’s proposal of […]
You Get What You Get and You Don’t Throw a Fit (September 18, 2014)
Shea Denning
My daughter is awfully fond of this expression (when applied to one of her brothers, of course). Turns out it also is apropos for this week’s court of appeals decision […]
Jail, Prison, or SMCP? A Place of Confinement Chart (September 17, 2014)
Jamie Markham
You know I love a chart. I’ve made sex offender charts, Justice Reinvestment charts, maximum sentence charts, and drug trafficking charts. You should see the charts I make for family […]
The Old Portable Breath Test Ain’t What She Used to Be (September 16, 2014)
Shea Denning
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 (September 15, 2014)
Jeff Welty
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 (September 12, 2014)
Jeff Welty
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 […]