Seizure by Blocking One’s Path (August 22, 2013)
Jeff Welty
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 (August 21, 2013)
Shea Denning
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 (August 20, 2013)
Jamie Markham
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 (August 19, 2013)
Jessica Smith
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 (August 16, 2013)
Jeff Welty
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 (August 15, 2013)
Jamie Markham
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? (August 14, 2013)
Jeff Welty
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 (August 13, 2013)
Shea Denning
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 (August 12, 2013)
Jessica Smith
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 […]
News Roundup (August 9, 2013)
Jeff Welty
A truly incredible story has culminated over the past few days. In 1998, Shon Hopwood was sentenced to 147 months in federal prison for bank robbery. He became a jailhouse […]