Sentencing Rules for Rape and Sexual Offense Against a Child by an Adult Offender
In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under […]
Delivery of a Controlled Substance and the “Pot Exception”
G.S. 90-95(a)(1) makes it a crime to knowingly sell or deliver a controlled substance to another person. As a general rule, the delivery of marijuana—a Schedule VI controlled substance—is a […]
Holiday Cheer in Sentencing?
Thanksgiving is my favorite holiday. It puts me in a good mood. I suspect that certain holidays put other people — like judges — in a good mood, too. And […]
The Requirement that Medical Providers Withdraw Blood in Implied Consent Cases
WRAL news reported last week that a Selma police officer had been placed on administrative leave after he allegedly handcuffed an emergency room nurse who refused to withdraw blood from […]
Identity Theft
Every year the Federal Trade Commission releases a list of top consumer complaints received by the agency. In 2012–for the 12th year in a row–identity theft complaints topped the list. […]
News Roundup
Last night, I attended the annual awards dinner for the North Carolina Bar Association’s Criminal Justice Section. It was fantastic and inspiring, as it is every year. Congratulations to long-time […]
Everything You Always Wanted to Know about Expunctions . . .
A new guide on obtaining relief from a criminal conviction—Relief from a Criminal Conviction: A Digital Guide to Expunctions, Certificates of Relief, and Other Procedures in North Carolina—is now available […]
Forfeiture of Counsel and “Gray Area” Defendants
I’ve previously written on this blog (here) about forfeiture of counsel. As I’ve noted, waiver is different from forfeiture. A waiver of counsel involves a knowing, voluntary, and intelligent relinquishment […]
Military Service as a Mitigating Factor
Over the weekend we observed Veterans Day. Thank you to all who have served. [Editor’s note: Jamie is himself an Air Force veteran, as he mentions below, so thanks to […]
News Roundup
Everyone knows the headline results from Tuesday: President Obama was re-elected; Pat McCrory will be the next governor; Republicans control the General Assembly; and Justice Newby narrowly retained his seat. […]