No Good Time to Be Had for Level A1 DWI Inmates
(Editor’s note: Jamie Markham is a co-author of this post.) Level A1 DWI. The General Assembly created Aggravated Level One sentencing for misdemeanor impaired driving in 2011. See S.L. 2011-191 […]
News Roundup
A North Carolina judge made the national news recently because of the sentence she imposed on a young woman who pled guilty to being drunk and disruptive and to resisting […]
License Plate Readers
Law enforcement use of automated license plate readers has become very widespread. It raises several interesting legal and practical issues which I briefly explore below. What are they? License plate […]
Road Trips Raise the Darndest Questions
I was on vacation with my family last week, and there’s nothing quite like a drive across our fair state to spur interest in motor vehicle laws. Here are a […]
No Appeal of Confinement in Response to Violation
There are frequently asked questions, and then there are very frequently asked questions. Regarding Justice Reinvestment, there has been no more frequently asked question than this: Can you appeal a CRV? […]
Federal Criminal Charges for George Zimmerman?
Last week, a Florida jury acquitted George Zimmerman of all charges in connection with the killing of Trayvon Martin. Some are now calling for Zimmerman to be charged federally. In […]
News Roundup
Jeff is away from the office today so he entrusted me with the keys to the blog. I briefly considered filling this post with a series of hilarious 6-second Vines […]
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, […]