Uncontroverted Mitigating Factors
Suppose a defendant convicted of a felony has a slam dunk mitigating factor. Let’s say, for example, that he has been honorably discharged from the military, which is a statutory […]
The NC Supreme Court’s Recent Substitute Analyst Cases
If you’re on my listserv, you know that the NC Supreme Court recently issued several confrontation clause decisions, all dealing with substitute analysts (if you’re not on my listserv, you […]
Searching a Person Based on the Smell of Marijuana
The question. Many cases hold that the smell of marijuana provides probable cause to search a vehicle. See, e.g., State v. Greenwood, 301 N.C. 705, 708 (1981); State v. Smith, […]
Court of Appeals Decides an Absconding Donut Hole Case
Last week the court of appeals decided State v. Nolen, its first absconding “donut hole” case. Pardon the mixed metaphor, but here is the donut hole in a nutshell: The […]
News Roundup
I’m rounding up the news today on the theory that for most people, today is the last work day of the week. I know it is for me. Here are […]
Court of Appeals Upholds Validity of Ex Parte DVPOs
Background. In State v. Byrd, 363 N.C. 214 (2009), the state supreme court concluded that an ex parte domestic violence protective order, or DVPO, was not a “valid protective order” […]
The Supreme Court as a Hot Bench
Chief Justice Roberts recently noted that the Supreme Court is a “hot bench,” meaning a court that frequently interrupts lawyers’ presentations with questions. Indeed, he suggested that the Court, himself […]
News Roundup
Pardon the brevity of this week’s roundup. I’m at a conference today and my blogging capacity is limited. But there were several important and interesting stories this week: 1. Prosecutors […]
Aiding and Abetting Impaired Driving
Nearly two thousand defendants were charged last year with aiding and abetting driving while impaired in violation of G.S. 20-138.1. A defendant aids and abets impaired driving when he knowingly […]
More Justice Reinvestment Clarifications Become Law
The Justice Reinvestment Act became law in 2011. S.L. 2011-192. Even before its initial effective date it was amended in 2011 by a technical corrections act. S.L. 2011-412. It was […]