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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]