Jury Instructions for DWI (June 13, 2013)
Shea Denning
Forget all your legal training. Pretend you are a juror in a DWI case. Facts. The following facts were established at trial: The defendant was stopped at a checkpoint. The […]
Advising a Defendant of the Maximum Possible Sentence During a Habitual Felon Plea (June 12, 2013)
Jeff Welty
When a defendant pleads guilty, the judge is required to “inform[] him of the maximum possible sentence” associated with his offense. G.S. 15A-1022(a)(6). When a defendant pleads guilty to being […]
Why Trafficking Really Bites (June 11, 2013)
Jessica Smith
Drug trafficking offenses can lead to really long sentences, and not just because of the special minimums and maximums that apply to those crimes. Consider this example: My husband and […]
Beyond Legislative Solutions to Melendez-Diaz (June 10, 2013)
Jessica Smith
My recent paper (here) on the use of remote testimony in criminal cases involving forensic analysts was written in part because of the flood of interest in legislative solutions to […]
News Roundup (June 7, 2013)
Jeff Welty
The top story of the week may be the impending repeal of the Racial Justice Act. On Wednesday, the House voted 77-39, mostly along party lines, in favor of the […]
Do Old DWIs Count toward Felony Prior Record Level? (June 6, 2013)
Jamie Markham
Author’s note: This post has been updated since its initial publication. The original version overlooked G.S. 15A-1340.11(7), a statute that is clearly relevant to the discussion. Do old (as in, […]
Damage to a Computer (June 5, 2013)
Jessica Smith
A caller recently asked this: If a defendant throws another person’s computer against the wall and breaks it, can the defendant be charged with the felony of Damaging a Computer? […]
Supreme Court Upholds Taking DNA Upon Arrest (June 4, 2013)
Jeff Welty
Yesterday the Supreme Court decided a case that one Justice called “perhaps the most important criminal procedure case that this Court has heard in decades.” A bare majority of the […]
Avoiding Ignition Interlock by Pleading Guilty (June 3, 2013)
Shea Denning
As state crime lab backlogs increase, it takes longer and longer for blood drawn in connection with impaired driving cases to be tested. In some of these cases, the State […]
News Roundup (May 31, 2013)
Jeff Welty
There were so many important stories in North Carolina this week that I couldn’t pick just one as the headliner. Without further ado: Racial Justice Act Nears Repeal. A House […]