News Roundup
The DWI blood test backlog at the state crime lab has started to receive media attention. TheWinston-Salem Journal recently ran this editorial, arguing that the situation is “unacceptable” and reflects […]
Seizure by Blocking One’s Path
The line between a consensual encounter and a seizure can be blurry. Generally, there is no seizure when an officer simply approaches a person and asks the person a question. […]
State v. Marino Finds No Error in Denying Defendant Source Code
The North Carolina Court of Appeals decided its first breath-testing source code case yesterday. The court in State v. Marino affirmed the trial court’s determination that the defendant had no […]
Social Networking Prohibition for Sex Offenders Facially Unconstitutional
North Carolina’s ban on accessing commercial social networking sites by sex offenders is unconstitutional on its face, the court of appeals held this morning in State v. Packingham. Under G.S. […]
NC Court Takes a Restrictive View of “Significant Change in the Law” MARs
In a bulletin here I wrote about NC’s procedure for post-conviction motions for appropriate relief (MARs). Among other things, that bulletin explains the types of claims that can be raised […]
News Roundup
The top story of the week may be that the SBI “and its insurers have agreed to pay $12.475 million to two innocent men who spent a total of 31 […]
Options to Mitigate Sentences for Drug Trafficking
North Carolina’s special sentencing rules for drug trafficking are tough. A recently revised summary of those rules is available here. They include mandatory imprisonment and fines that go well beyond […]
Changes in Federal Drug Prosecutions — Spillover in State Court?
Earlier this week, United States Attorney General Eric Holder, speaking to American Bar Association, announced a policy change in how drug cases will be charged in federal court. This post […]
Indefinite Driver’s License Revocations for DWI Convictions
What is the basis for the indefinite license revocation reflected in the driving record entry below? A. A revocation under G.S. 20-24.1 for failure to appear for a motor vehicle […]
Involuntary Manslaughter: A Recent Case and a Quick Review
In a recent case, State v. Fisher, the NC Court of Appeals upheld an involuntary manslaughter based on the defendant’s act of dumping an intoxicated and injured victim, alive but […]