State v. Lovette and North Carolina’s Miller Fix Law
Earlier in the week, the court of appeals decided State v. Lovette, the appeal of one of the defendants convicted of killing UNC student body president Eve Carson. The case […]
Computer Restrictions on Supervised Sex Offenders
Last week I wrote about the North Carolina law that makes it a crime for any registered sex offender to use a commercial social network, G.S. 14-202.5. In that post […]
Pleading in the Conjunctive
Many veteran prosecutors know the rule, “plead in the conjunctive.” In other words, in an indictment or other charging document, join different theories of the crime with the word “and” […]
You’ve got to know when to hold ’em
Magistrates walk a tight rope of sorts in setting conditions of pretrial release for defendants charged with impaired driving offenses. In addition to taking into account all of the factors […]
News Roundup
The internet sweepstakes soap opera took a dramatic turn this week. An employee of a Davidson County sweepstakes business was charged with violating the recently-upheld sweepstakes law, G.S. 14-306.4. The […]
Social Networking Restrictions on Sex Offenders
In last week’s news roundup, Shea mentioned Doe v. Prosecutor, Marion County, Indiana, a recent case in which the United States Court of Appeals for the Seventh Circuit struck Indiana’s […]
Rule 404(b) and Noncriminal Conduct
I have been asked several times whether the state may admit, under N.C. R. Evid. 404(b), evidence of noncriminal conduct. The answer is yes, assuming of course that the evidence […]
Data Privacy Day
Yesterday was Data Privacy Day, making this a good time to recap some recent developments in law enforcement access to email and other electronic communications. Data Privacy Day. You’re probably […]
Breath Tests: Can you believe them?
A six-year battle in Minnesota regarding the reliability of breath test results in impaired driving cases in light of alleged defects in the testing instrument’s source code ended last summer. […]
News Roundup
The North Carolina Supreme Court granted Wednesday the state’s petition for a writ of supersedeas to stay enforcement of the court of appeals’ judgment in State v. McKenzie, ___ N.C. […]