Rap Lyrics as Confessions (August 27, 2013)
Jeff Welty
When may rap lyrics written by a defendant be admitted as evidence of guilt? That question has been in the news quite a bit lately as a result of a […]
New Publication on Habitual Felon, Violent Habitual Felon, and Habitual Breaking and Entering (August 26, 2013)
Jeff Welty
I recently finished an Administration of Justice Bulletin about the habitual felon, violent habitual felon, and habitual breaking and entering laws. It’s a substantial expansion and revision of a paper […]
News Roundup (August 23, 2013)
Jeff Welty
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 (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 […]