RJA Oral Argument (April 15, 2014)
Jeff Welty
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”? (April 14, 2014)
Jessica Smith
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 (April 11, 2014)
Jeff Welty
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 (April 10, 2014)
Shea Denning
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 (April 9, 2014)
Jeff Welty
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 (April 8, 2014)
Jamie Markham
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 (April 7, 2014)
Jessica Smith
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 (April 4, 2014)
Jeff Welty
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 (April 3, 2014)
Jeff Welty
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 (April 2, 2014)
Shea Denning
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 […]